SB44: Bill Text

SB44,952,7 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying , or controlling the land specified, and the state treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

SB44, s. 2454 Section 2454. 254.89 of the statutes is renumbered 97.24 (5) and amended to read:

SB44,952,18 97.24 (5) Certification of Grade A dairy operations. The department shall conduct evaluation surveys of grade A dairy operations in this state to the extent necessary to certify to the federal food and drug administration, out-of-state markets, the department of agriculture, trade and consumer protection, the federal public health service, and local health departments, the compliance rating of the grade A dairy operations based upon the sanitation and enforcement requirements of the grade A pasteurized milk ordinance of the federal public health service and its related documents. The department may promulgate rules establishing fees which may be charged to dairy plants to fund these activities.

SB44, s. 2455 Section 2455. Subchapter VIII (title) of chapter 254 [precedes 254.89] of the statutes is repealed.

SB44, s. 2456 Section 2456. 255.15 (1) of the statutes is repealed.

SB44, s. 2457 Section 2457. 255.15 (1m) (intro.) of the statutes is amended to read:

SB44,952,23 255.15 (1m) Duties. (intro.) The board department shall do all of the following:

SB44, s. 2458 Section 2458. 255.15 (1m) (a) of the statutes is repealed.

SB44, s. 2459 Section 2459. 255.15 (1m) (c) of the statutes is amended to read:

SB44,953,4 255.15 (1m) (c) Promulgate rules establishing criteria for recipients of grants awarded under sub. (3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The board department shall ensure that programs or projects conducted under the grants are culturally sensitive.

SB44, s. 2460 Section 2460. 255.15 (3) (a) (intro.) of the statutes is amended to read:

SB44,953,8 255.15 (3) (a) (intro.) From the appropriation under s. 20.436 (1) 20.435 (1) (tc), the board department shall distribute the following amounts to or for all of the following:

SB44, s. 2461 Section 2461. 255.15 (3) (b) (intro.) of the statutes is amended to read:

SB44,953,11 255.15 (3) (b) (intro.) From the appropriation under s. 20.436 (1) 20.435 (1) (tc), the board department may distribute grants for any of the following:

SB44, s. 2462 Section 2462. 255.15 (4) of the statutes is amended to read:

SB44,953,19 255.15 (4) Reports. Not later than April 15, 2002, and annually thereafter, the board department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the board department under sub. (5).

SB44, s. 2463 Section 2463. 255.15 (5) of the statutes is amended to read:

SB44,954,2 255.15 (5) Funds. The board department may accept for any of its the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The board department shall include in the report under sub. (4) any donation or grant accepted by the board department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

SB44, s. 2464 Section 2464. 255.15 (6) of the statutes is amended to read:

SB44,954,7 255.15 (6) Subcommittees Committees. The board may create subcommittees to assist in its work. If the board department creates subcommittees committees to assist in its work under this section, one of the subcommittees committees shall address the issue of populations most adversely affected by tobacco.

SB44, s. 2465 Section 2465. 281.36 (1) (cr) of the statutes is amended to read:

SB44,954,10 281.36 (1) (cr) "State transportation agency" means the department of transportation or the office of the commissioner of railroads.

SB44, s. 2466 Section 2466. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

SB44,954,13 281.59 (3e) (b) 1. Equal to $90,000,000 $92,400,000 during the 2001-03 2003-05 biennium.

SB44,954,14 3. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.

SB44, s. 2467 Section 2467. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

SB44,954,17 281.59 (3m) (b) 1. Equal to $9,110,000 $12,000,000 during the 2001-03 2003-05 biennium.

SB44,954,18 2. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.

SB44, s. 2468 Section 2468. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

SB44,954,21 281.59 (3s) (b) 1. Equal to $10,900,000 $12,800,000 during the 2001-03 2003-05 biennium.

SB44,954,22 2. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.

SB44, s. 2469 Section 2469. 281.59 (4) (f) of the statutes is amended to read:

SB44,955,5 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $1,398,355,000 $1,658,025,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

SB44, s. 2470 Section 2470. 281.65 (10) of the statutes is repealed.

SB44, s. 2471 Section 2471. 281.99 (4) of the statutes is amended to read:

SB44,955,14 281.99 (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 2472 Section 2472. 283.84 (1) (c) of the statutes is amended to read:

SB44,955,19 283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 22.01 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

SB44, s. 2473 Section 2473. 285.69 (3) of the statutes is renumbered 285.69 (3) (a) and amended to read:

SB44,956,7 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection may not exceed $210 per $450 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection may not exceed $750 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection renovation projects regulated by the department.

SB44, s. 2474 Section 2474. 285.69 (3) (b) and (c) of the statutes are created to read:

SB44,956,11 285.69 (3) (b) In addition to the fees under par. (a), the department may charge the costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

SB44,956,15 (c) For the purpose of par. (a), combined square and linear footage shall be determined by adding the number of square feet of friable asbestos-containing material on areas other than pipes to the number of linear feet of friable asbestos-containing material on pipes.

SB44, s. 2475 Section 2475. 289.33 (13) of the statutes is created to read:

SB44,956,19 289.33 (13) Division of hearings and appeals. The division of hearings and appeals created under s. 15.103 (1) shall provide staff to assist the board in performing its duties.

SB44, s. 2476 Section 2476. 292.255 of the statutes is amended to read:

SB44,956,24 292.255 Report on brownfield efforts. The department of natural resources, and the department of administration and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v).

SB44, s. 2477 Section 2477. 292.74 of the statutes is created to read:

SB44,957,1 292.74 Brownfields grant program. (1) Definitions. In this section:

SB44,957,4 (a) "Eligible site or facility" means an abandoned, idle, or underused industrial or commercial facility or site the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB44,957,7 (b) "Local governmental unit" means a city, village, town, county, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or housing authority.

SB44,957,9 (2) Grants. (a) The department shall administer a program to award grants from the appropriation under s. 20.370 (6) (es) for the following purposes:

SB44,957,11 1. The investigation of an eligible site or facility to determine the existence and extent of environmental contamination of the eligible site or facility.

SB44,957,13 2. Removing or containing environmental contamination and restoring the environment at an eligible site or facility.

SB44,957,16 (b) The department may award a grant under this section to an individual, partnership, limited liability company, corporation, nonprofit organization, or local governmental unit.

SB44,957,20 (c) The department may only award a grant under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

SB44,957,22 (3) Department duties. (a) The department shall promulgate rules for the program under this section that include all of the following:

SB44,958,2 1. A competitive scoring system for evaluating grant applications that, for grants under sub. (2) (a) 2., includes consideration of the severity of the risks posed by the contamination, the potential for economic development, the contribution to remediation of contamination affecting more than one property, and the potential for the creation of green spaces or the use for public facilities.

SB44,958,4 2. Provisions specifying the activities that may be covered by grants under this section.

SB44,958,5 3. Provisions for ensuring distribution of grant funds throughout the state.

SB44,958,7 4. Provisions for determining the percentage of costs to be paid through a grant, which may vary based on the financial circumstances of the applicant.

SB44,958,9 (b) The department shall inform applicants of other potential sources of funding for activities proposed in grant applications.

SB44, s. 2478 Section 2478. 292.75 of the statutes is repealed.

SB44, s. 2479 Section 2479. 292.77 of the statutes is repealed.

SB44, s. 2480 Section 2480. 292.79 of the statutes is repealed.

SB44, s. 2481 Section 2481. 292.94 of the statutes is created to read:

SB44,958,21 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (dh).

SB44, s. 2482 Section 2482. 299.93 (3) of the statutes is amended to read:

SB44,959,3 299.93 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the environmental assessment shall also be returned.

SB44, s. 2483 Section 2483. 299.93 (4) of the statutes is amended to read:

SB44,959,10 299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the assessment in the environmental fund.

SB44, s. 2484 Section 2484. 301.025 of the statutes is amended to read:

SB44,959,16 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 938.532, the serious juvenile offender program under s. 938.538, and youth aids.

SB44, s. 2485 Section 2485. 301.03 (18) (d) of the statutes is amended to read:

SB44,959,23 301.03 (18) (d) Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the any collection and deportation counsel appointed under s. 301.12 (7), the department's legal counsel, or the secretary, shall be evidence of the services provided and the fees charged for those services.

SB44, s. 2486 Section 2486. 301.105 (intro.) of the statutes is amended to read:

SB44,960,5 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the state treasurer secretary of administration. The state treasurer secretary of administration shall do all of the following:

SB44, s. 2487 Section 2487. 301.12 (6) of the statutes is amended to read:

SB44,960,9 301.12 (6) The sworn statement of the any collection and deportation counsel appointed under sub. (7), of the department's legal counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the resident.

SB44, s. 2488 Section 2488. 301.12 (7) of the statutes is amended to read:

SB44,960,23 301.12 (7) The department of corrections shall administer and enforce this section. The department On behalf of the department of corrections, the department of administration shall appoint an attorney to be designated "collection and deportation counsel" and." The department of corrections may appoint other necessary assistants. The department of corrections may delegate to the collection and deportation counsel such other powers and duties as the department considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department of corrections shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

SB44, s. 2489 Section 2489. 301.16 (1o) (b) of the statutes is amended to read:

SB44,961,11 301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division of merit recruitment and selection in the department of employment relations administration to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

SB44, s. 2490 Section 2490. 301.16 (1r) of the statutes is amended to read:

SB44,961,21 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 21 24 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 450 at any one time.

SB44, s. 2491 Section 2491. 301.21 (2m) (b) of the statutes is amended to read:

SB44,962,2 301.21 (2m) (b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state, except as otherwise provided for by any contract entered into under this subsection.

SB44, s. 2492 Section 2492. 301.26 (4) (d) 2. of the statutes is amended to read:

SB44,962,11 301.26 (4) (d) 2. Beginning on July 1, 2001 2003, and ending on June 30, 2002 2004, the per person daily cost assessment to counties shall be $167.57 $190 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 $190 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $213 $225 for care in a residential care center for children and youth, $129 $142 for care in a group home for children, $41 $47 for care in a foster home, $81 $88 for care in a treatment foster home, $82.56 $88 for departmental corrective sanctions services, and $21.96 $25 for departmental aftercare services.