SB40: Bill Text

SB40,1405,23 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriations appropriation under s. 20.370 (2) (dg) and (9) (mj).

SB40, s. 3088 Section 3088. 289.645 (3) of the statutes is amended to read:

SB40,1406,2 289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $6 per ton for all solid waste other than high-volume industrial waste.

SB40, s. 3089 Section 3089. 289.67 (1) (cp) of the statutes is amended to read:

SB40,1406,9 289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 50 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989 before July 1, 2007, and $1.60 per ton disposed of on or after July 1, 2007.

SB40, s. 3090 Section 3090. 289.67 (1) (h) of the statutes is amended to read:

SB40,1406,12 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental management.

SB40, s. 3091 Section 3091. 291.15 (2) (d) of the statutes is amended to read:

SB40,1407,12 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall provide to 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, the name and address of the individual's employer and financial information related to the individual that is contained in records or other information granted confidential status under this subsection if requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40, s. 3092 Section 3092. 291.97 (3) of the statutes is created to read:

SB40,1407,21 291.97 (3) Cost recovery. In addition to the penalties provided under subs. (1) and (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees and the costs of performing monitoring. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB40, s. 3093 Section 3093. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB40,1408,2 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SB40, s. 3094 Section 3094. 292.255 of the statutes is amended to read:

SB40,1408,8 292.255 Report on brownfield efforts. The department of natural resources, 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) 560.13 (1) (a).

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

SB40,1408,16 299.07 (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, s. 3096 Section 3096. 299.07 (1) (b) 2. of the statutes is amended to read:

SB40,1408,20 299.07 (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, s. 3097 Section 3097. 299.08 (1) (am) 1. of the statutes is amended to read:

SB40,1409,3 299.08 (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, s. 3098 Section 3098. 299.08 (1) (b) 1. of the statutes is amended to read:

SB40,1409,6 299.08 (1) (b) 1. To the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

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

SB40,1409,17 299.08 (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, s. 3100 Section 3100. 301.03 (3) of the statutes is amended to read:

SB40,1410,4 301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole or to grant or terminate extended supervision under s. 304.06 (1) (b) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

SB40, s. 3101 Section 3101. 301.0465 (3) (a) 4. of the statutes is amended to read:

SB40,1410,8 301.0465 (3) (a) 4. He or she is serving an indeterminate sentence and the parole earned release review commission has authorized his or her release on parole within the next 6 months.

SB40, s. 3102 Section 3102. 301.048 (2) (am) 3. of the statutes is amended to read:

SB40,1410,12 301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

SB40, s. 3103 Section 3103 . 301.08 (2) (d) 3. of the statutes is amended to read:

SB40,1410,19 301.08 (2) (d) 3. Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $100,000 or any higher threshold amount determined by the department. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this subdivision as provided in s. 46.036 (4) (c).

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

SB40,1411,4 301.12 (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, s. 3105 Section 3105. 301.12 (14) (g) of the statutes is amended to read:

SB40,1411,13 301.12 (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, s. 3106 Section 3106. 301.21 (1m) (c) of the statutes is amended to read:

SB40,1411,19 301.21 (1m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.

SB40, s. 3107 Section 3107. 301.21 (2m) (c) of the statutes is amended to read:

SB40,1411,25 301.21 (2m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony, to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.

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

SB40,1412,9 301.25 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, s. 3109 Section 3109. 301.26 (3) (c) of the statutes is amended to read:

SB40,1412,13 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (r), the department shall allocate funds to each county for services under this section.

SB40, s. 3110 Section 3110. 301.26 (3) (em) of the statutes is amended to read:

SB40,1412,21 301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (ko), and (r) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

SB40, s. 3111 Section 3111. 301.26 (4) (a) of the statutes is amended to read:

SB40,1413,9 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ko), and (r) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

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

SB40,1413,17 301.26 (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, s. 3113 Section 3113. 301.26 (4) (d) 2. of the statutes is amended to read:

SB40,1414,2 301.26 (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 $269 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 $269 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 $40 for departmental aftercare services.

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

SB40,1414,11 301.26 (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 $279 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 $279 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 $41 for departmental aftercare services.

SB40, s. 3115 Section 3115. 301.26 (6) (a) of the statutes is amended to read:

SB40,1414,16 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) for purposes described in this section.

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

SB40,1414,23 301.26 (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), and (r), 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, s. 3117 Section 3117. 301.26 (7) (a) of the statutes is amended to read:

SB40,1415,4 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 $46,645,100 for the last 6 months of 2005, $88,290,200 for 2006, and $44,145,100 2007, $93,290,200 for 2008, and $46,645,100 for the first 6 months of 2007 2009.

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

SB40,1415,9 301.26 (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, s. 3119 Section 3119. 301.26 (7) (bm) of the statutes is created to read:

SB40,1415,15 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $2,500,000 for the last 6 months of 2007, $5,000,000 for 2008, and $2,500,000 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, s. 3120 Section 3120. 301.26 (7) (c) of the statutes is amended to read:

SB40,1415,23 301.26 (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, s. 3121 Section 3121. 301.26 (7) (cm) of the statutes is created to read:

SB40,1416,5 301.26 (7) (cm) The department shall allocate the amounts specified in par. (a) that are derived from the appropriation under s. 20.410 (3) (r) to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

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

SB40,1416,11 301.26 (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, s. 3123 Section 3123. 301.26 (7) (h) of the statutes is amended to read:

SB40,1416,22 301.26 (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, s. 3124 Section 3124. 301.26 (8) of the statutes is amended to read:

SB40,1417,2 301.26 (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, s. 3125 Section 3125. 301.265 (title) of the statutes is repealed.

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

SB40,1417,13 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, s. 3127 Section 3127. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

SB40,1417,20 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, s. 3128 Section 3128. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

SB40,1418,17 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, s. 3129 Section 3129. 301.37 (1) of the statutes is amended to read:

SB40,1419,2 301.37 (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, s. 3130 Section 3130. 301.45 (7) (a) of the statutes is amended to read:

SB40,1419,11 301.45 (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, s. 3131 Section 3131. 301.45 (9) of the statutes is amended to read:

SB40,1419,16 301.45 (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.