SB40: Bill Text

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:

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: