AB75: Bill Text

AB75, s. 2640 Section 2640. 285.69 (2) (g) of the statutes is repealed.

AB75, s. 2641 Section 2641. 285.69 (2) (h) of the statutes is repealed.

AB75, s. 2642 Section 2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and 285.69 (2m) (b) (intro.), as renumbered, is amended to read:

AB75,1375,21 285.69 (2m) (b) (intro.) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB75, s. 2643 Section 2643. 285.69 (2m) of the statutes is created to read:

AB75,1376,2 285.69 (2m) Fees for state permit sources. (a) The owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $775 per year, except as provided in par. (b).

AB75,1376,8 (b) An owner or operator to whom the department has issued an operation permit for one or more points of emission from an existing source in order to limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $3,475 per year if the operation permit includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of the amount that results in a stationary source being classified as a major source.

AB75, s. 2644 Section 2644. 285.69 (3) (a) of the statutes is amended to read:

AB75,1376,22 285.69 (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 plus the fee under sub. (1) (c) may not exceed $400 $700 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 plus the fee under sub. (1) (c) may not exceed $750 $1,325 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 renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB75, s. 2645 Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.) and amended to read:

AB75,1377,2 285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may charge the costs all of the following:

AB75,1377,4 1. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

AB75, s. 2646 Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:

AB75,1377,8 285.69 (3) (b) 2. A fee in the amount of $100 for the department to inspect property proposed to be used for a community fire safety training project for which the department requires inspection.

AB75, s. 2647 Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:

AB75,1377,12 285.69 (3) (b) 3. A fee in the amount of $100 for the department to review a revised notice of an asbestos renovation or demolition activity, submitted by a person required by the department to provide such notice.

AB75, s. 2648 Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:

AB75,1377,17 285.69 (3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the department, before the project was initiated.

AB75, s. 2649 Section 2649. 287.03 (1) (f) of the statutes is repealed.

AB75, s. 2650 Section 2650. 287.11 (2m) (a) 2. of the statutes is amended to read:

AB75,1377,25 287.11 (2m) (a) 2. "Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer or manufacturing facility, less the portion of any state financial assistance received under s. 287.23 or 287.25 attributable to the processed material.

AB75, s. 2651 Section 2651. 287.11 (2m) (bg) of the statutes is created to read:

AB75,1378,9 287.11 (2m) (bg) 1. If the department promulgates a rule under sub. (2) that specifies that in order to qualify as an effective recycling program, a responsible unit's solid waste management program shall provide single-family residences and buildings containing not more than 4 dwelling units in the region with at least monthly curbside collection of materials separated as provided in sub. (2) (b), the department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to that responsible unit as provided in subd. 2.

AB75,1378,14 2. A variance granted under subd. 1. shall provide that the monthly curbside collection requirement is satisfied if the responsible unit's solid waste management program provides at least monthly curbside collection of materials separated as provided in sub. (2) (b) to at least 80 percent of single-family residences and buildings containing not more than 4 dwelling units in the region.

AB75, s. 2652 Section 2652. 287.11 (2m) (br) of the statutes is created to read:

AB75,1378,22 287.11 (2m) (br) The department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance that provides that the requirement under sub. (2) (b) as it applies to occupants of single-family residences and buildings containing not more than 4 dwelling units is satisfied if at least 80 percent of those residences and buildings in the region separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region.

AB75, s. 2653 Section 2653. 287.235 of the statutes is repealed.

AB75, s. 2654 Section 2654. 287.25 of the statutes is repealed.

AB75, s. 2655 Section 2655. 287.26 of the statutes is repealed.

AB75, s. 2656 Section 2656. 289.33 (3) (d) of the statutes is amended to read:

AB75,1379,19 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.

AB75, s. 2657 Section 2657. 289.645 (3) of the statutes is amended to read:

AB75,1379,22 289.645 (3) Amount of recycling fee. The fee imposed under this section is $4 $5 per ton for all solid waste other than high-volume industrial waste.

AB75, s. 2658 Section 2658. 289.67 (1) (cp) of the statutes is amended to read:

AB75,1380,3 289.67 (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 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5 per ton disposed of on or after November 1, 2007 July 1, 2009.

AB75, s. 2659 Section 2659. 289.67 (2) (b) 1. of the statutes is amended to read:

AB75,1380,9 289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $210 $470, if the generator is a large quantity generator, or $350, if the generator is a small quantity generator if the generator has generated more than zero pounds in that particular year, plus $20 per ton of hazardous waste generated during the reporting year.

AB75, s. 2660 Section 2660. 289.67 (2) (b) 2. of the statutes is amended to read:

AB75,1380,12 289.67 (2) (b) 2. No generator may is required to pay a fee that is greater than $17,000 $17,500.

AB75, s. 2661 Section 2661. 289.67 (2) (c) (intro.) of the statutes is amended to read:

AB75,1380,15 289.67 (2) (c) (intro.) No tonnage fees may be assessed under par. (a) for the following hazardous wastes:

AB75, s. 2662 Section 2662. 289.67 (2) (de) of the statutes is created to read:

AB75,1380,19 289.67 (2) (de) The department shall promulgate a rule that defines "large quantity generator" and "small quantity generator" for the purposes of this subsection.

AB75, s. 2663 Section 2663. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.

AB75, s. 2664 Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:

AB75,1380,24 292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.

AB75, s. 2665 Section 2665. 292.31 (8) (e) of the statutes is created to read:

AB75,1381,4 292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.

AB75, s. 2666 Section 2666. 301.03 (3) of the statutes is amended to read:

AB75,1381,19 301.03 (3) Administer parole, extended supervision , and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) 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 may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9g) or (9h), and the earned release review commission may discharge inmates from extended supervision under s. 973.01 (4r). 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.

AB75, s. 2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

AB75,1381,22 301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

AB75,1382,3 301.048 (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).

AB75, s. 2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

AB75,1382,6 301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 2670 Section 2670. 301.12 (14) (a) of the statutes is amended to read:

AB75,1382,18 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

AB75, s. 2671 Section 2671. 301.12 (14) (b) of the statutes is amended to read:

AB75,1383,3 301.12 (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 children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75, s. 2672 Section 2672. 301.21 (1m) (c) of the statutes is amended to read:

AB75,1383,8 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 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.

AB75, s. 2673 Section 2673. 301.21 (2m) (c) of the statutes is amended to read:

AB75,1383,14 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 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.

AB75, s. 2674 Section 2674. 301.26 (3) (c) of the statutes is amended to read:

AB75,1383,18 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (1) (kd) and (3) (cd) and (ko), the department shall allocate funds to each county for services under this section.

AB75, s. 2675 Section 2675. 301.26 (4) (d) 2. of the statutes is amended to read:

AB75,1384,2 301.26 (4) (d) 2. Beginning on July 1, 2007 2009, and ending on June 30, 2008 2010, the per person daily cost assessment to counties shall be $259 $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $259 $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $277 $294 for care in a residential care center for children and youth, $165 $190 for care in a group home for children, $67 $72 for care in a foster home, $132 $126 for care in a treatment foster home, $99 $101 for departmental corrective sanctions services, and $35 $40 for departmental aftercare services.

AB75, s. 2676 Section 2676 . 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1384,12 301.26 (4) (d) 2. Beginning on July 1, 2009 January 1, 2010, and ending on June 30, 2010, the per person daily cost assessment to counties shall be $270 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $294 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $126 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 for departmental corrective sanctions services, and $40 for departmental aftercare services.

AB75, s. 2677 Section 2677. 301.26 (4) (d) 3. of the statutes is amended to read:

AB75,1384,21 301.26 (4) (d) 3. Beginning on July 1, 2008 2010, and ending on June 30, 2009 2011, the per person daily cost assessment to counties shall be $268 $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $268 $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $296 $309 for care in a residential care center for children and youth, $172 $200 for care in a group home for children, $74 $75 for care in a foster home, $145 $132 for care in a treatment foster home, $101 $103 for departmental corrective sanctions services, and $37 $41 for departmental aftercare services.

AB75, s. 2678 Section 2678 . 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1385,6 301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $309 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $132 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.

AB75, s. 2679 Section 2679. 301.26 (4) (e) of the statutes is amended to read:

AB75,1385,12 301.26 (4) (e) For foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB75, s. 2680 Section 2680. 301.26 (4) (ed) of the statutes is amended to read:

AB75,1385,17 301.26 (4) (ed) For foster care, treatment foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB75, s. 2681 Section 2681. 301.26 (6) (a) of the statutes is amended to read:

AB75,1385,22 301.26 (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 (1) (kd) and (3) (cd) and (ko) for purposes described in this section.

AB75, s. 2682 Section 2682. 301.26 (7) (intro.) of the statutes is amended to read:

AB75,1386,4 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (1) (kd) and (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2007 2009, and ending on June 30, 2009 2011, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB75, s. 2683 Section 2683. 301.26 (7) (a) (intro.) of the statutes is amended to read:

AB75,1386,9 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $49,395,100 $49,891,100 for the last 6 months of 2007, $99,790,200 for 2008 2009, $99,782,300 for 2010, and $50,395,100 $49,891,200 for the first 6 months of 2009 2011.

AB75, s. 2684 Section 2684. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB75,1386,14 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2007 2009, $4,000,000 for 2008 2010, and $2,000,000 for the first 6 months of 2009 2011 to counties based on each of the following factors weighted equally: