SB40: Bill Text

SB40, s. 3057 Section 3057. 253.115 of the statutes is repealed.

SB40, s. 3058 Section 3058. 253.12 (4) (d) of the statutes is repealed.

SB40, s. 3059 Section 3059 . 253.15 (2) of the statutes is amended to read:

SB40,1397,20 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB40, s. 3060 Section 3060 . 253.15 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1398,21 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2. , to all organizations that are providing home visitation services under s. 48.984 (3) (a), and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB40, s. 3061 Section 3061 . 253.15 (6) of the statutes is amended to read:

SB40,1399,3 253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

SB40, s. 3062 Section 3062 . 253.15 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1399,12 253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

SB40, s. 3063 Section 3063 . 253.15 (7) (e) of the statutes is amended to read:

SB40,1399,19 253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

SB40, s. 3064 Section 3064 . 253.15 (7) (e) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1400,3 253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is are immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

SB40, s. 3065 Section 3065. 253.15 (8) of the statutes is amended to read:

SB40,1400,17 253.15 (8) Identification of shaken or impacted babies. The department of health and family services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 46.03 (7) (g) s. 46.03 (7g) 48.47 (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health and family services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.

SB40, s. 3066 Section 3066. 254.115 (1m) of the statutes is amended to read:

SB40,1401,2 254.115 (1m) If an individual who applies for or to renew a certification, certification card or permit under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, certification card or permit, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification, certification card or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 3067 Section 3067. 255.06 (4) of the statutes is created to read:

SB40,1401,6 255.06 (4) Information about women who receive services. The department shall obtain and share information about women who receive services that are reimbursed under this section as provided in s. 49.475.

SB40, s. 3068 Section 3068. 255.15 (3) (b) (intro.) of the statutes is amended to read:

SB40,1401,9 255.15 (3) (b) (intro.) From the appropriation accounts under s. 20.435 (5) (fm) and (r), the department may distribute grants for any of the following:

SB40, s. 3069 Section 3069. 255.15 (4) of the statutes is repealed.

SB40, s. 3070 Section 3070. 255.15 (5) of the statutes is amended to read:

SB40,1401,17 255.15 (5) Funds. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub. (4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

SB40, s. 3071 Section 3071. 281.01 (3e) of the statutes is created to read:

SB40,1401,20 281.01 (3e) "Design-build construction process" has the meaning given in s. 200.47 (2) (f) 1.

SB40, s. 3072 Section 3072. 281.41 (1) (a) of the statutes is amended to read:

SB40,1402,11 281.41 (1) (a) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under s. 281.35 (5) (a), if applicable. Owners contracting for a system, plant, or extension under the design-build construction process shall submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn, a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of the plans for approval, the department or its authorized representative shall notify the owner of the date of receipt.

SB40, s. 3073 Section 3073. 281.58 (12) (a) 1. of the statutes is amended to read:

SB40,1402,15 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 70% of market interest rate.

SB40, s. 3074 Section 3074. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

SB40,1402,18 281.59 (3e) (b) 1. Equal to $109,600,000 $99,100,000 during the 2005-07 2007-09 biennium.

SB40,1402,19 3. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3075 Section 3075. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

SB40,1402,22 281.59 (3m) (b) 1. Equal to $2,700,000 $3,400,000 during the 2005-07 2007-09 biennium.

SB40,1402,23 2. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3076 Section 3076. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

SB40,1403,2 281.59 (3s) (b) 1. Equal to $12,800,000 $16,700,000 during the 2005-07 2007-09 biennium.

SB40,1403,3 2. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3077 Section 3077. 281.59 (4) (b) of the statutes is amended to read:

SB40,1403,13 281.59 (4) (b) The department of administration may, under s. 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 3078 Section 3078. 281.59 (4) (f) of the statutes is amended to read:

SB40,1403,23 281.59 (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, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued 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 $1,615,955,000 $1,984,100,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

SB40, s. 3079 Section 3079. 281.65 (4e) of the statutes is created to read:

SB40,1404,4 281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283.

SB40,1404,6 (b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life.

SB40,1404,7 (c) Subsection (8) (d) does not apply to a grant under this subsection.

SB40, s. 3080 Section 3080. 281.65 (8) (f) of the statutes is amended to read:

SB40,1404,14 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the governmental unit submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice.

SB40, s. 3081 Section 3081. 281.65 (8) (gm) of the statutes is amended to read:

SB40,1404,18 281.65 (8) (gm) The governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall exceed the limit under par. (f) in cases of economic hardship, as defined by the department by rule.

SB40, s. 3082 Section 3082. 281.87 of the statutes is created to read:

SB40,1404,24 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12).

SB40, s. 3083 Section 3083. 285.30 (5) (a) of the statutes is amended to read:

SB40,1405,1 285.30 (5) (a) A motor vehicle of a model year of 1967 1995 or earlier.

SB40, s. 3084 Section 3084. 285.30 (5) (b) of the statutes is amended to read:

SB40,1405,7 285.30 (5) (b) A motor vehicle with of a model year of 2006 or earlier that has a gross vehicle weight rating exceeding 10,000 pounds, as determined by the manufacturer of the vehicle, and a motor vehicle of a model year of 2007 or later that has a gross vehicle weight rating exceeding 14,000 pounds, as determined by the manufacturer of the vehicle.

SB40, s. 3085 Section 3085. 285.30 (5) (d) of the statutes is amended to read:

SB40,1405,10 285.30 (5) (d) A motor vehicle of a model year of 2006 or earlier that is powered by diesel fuel.

SB40, s. 3086 Section 3086. 285.59 (1) (b) of the statutes is amended to read:

SB40,1405,20 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, and the Healthy Wisconsin Authority.

SB40, s. 3087 Section 3087. 289.43 (7) (e) 3. of the statutes is amended to read:

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: