AB40: Bill Text

AB40,2115 Section 2115. 285.69 (2) (a) 12. of the statutes is created to read:

AB40,925,5 285.69 (2) (a) 12. That the fee billed in 2013 equals $37.51 per ton of emissions specified under subd. 8.

AB40,2116 Section 2116. 285.69 (2) (a) 13. of the statutes is created to read:

AB40,925,8 285.69 (2) (a) 13. That the fee billed in 2014 equals $46.71 per ton of emissions specified under subd. 8.

AB40,2117 Section 2117. 285.69 (2) (a) 14. of the statutes is created to read:

AB40,925,11 285.69 (2) (a) 14. That the fee billed in 2015 equals $59.81 per ton of emissions specified under subd. 8.

AB40,2118 Section 2118. 285.69 (2) (a) 15. of the statutes is created to read:

AB40,925,15 285.69 (2) (a) 15. That the amount of the fee per ton of emissions specified under subd. 8. billed in a year after 2015 is 104 percent of the amount of the fee per ton billed in the previous year.

AB40,2119 Section 2119. 285.69 (2) (b) of the statutes is repealed.

AB40,2120 Section 2120. 285.69 (2) (e) of the statutes is amended to read:

AB40,925,21 285.69 (2) (e) Beginning in 2001 and ending in 2012, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of 86 cents per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

AB40,2121 Section 2121. 285.69 (2m) (a) of the statutes is amended to read:

AB40,926,2 285.69 (2m) (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 $300 $725 per year, except as provided in par. (b).

AB40,2122 Section 2122. 292.11 (2) (e) of the statutes is repealed.

AB40,2123 Section 2123. 292.11 (7) (a) of the statutes is amended to read:

AB40,926,10 292.11 (7) (a) Subject to ss. s. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB40,2124 Section 2124. 292.11 (7) (c) of the statutes is amended to read:

AB40,926,15 292.11 (7) (c) Subject to ss. s. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB40,2125 Section 2125. 292.12 (1) (a) of the statutes is amended to read:

AB40,926,22 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB40,2126 Section 2126. 292.31 (7) (d) of the statutes is created to read:

AB40,927,4 292.31 (7) (d) The department may enter into an agreement with a responsible party under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 to 9675, to provide management and technical support for a remedial action under the act. A responsible party shall reimburse the department for the costs the department incurs under an agreement, using the hourly billing rate calculated under s. NR 750.07 (2), Wis. Adm. Code.

AB40,2127 Section 2127. 292.99 (1) of the statutes is amended to read:

AB40,927,10 292.99 (1) Except as provided under sub. (1m) and s. 292.63 (10), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

AB40,2128 Section 2128. 299.07 (1) (a) 6m. of the statutes is created to read:

AB40,927,12 299.07 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40,2129 Section 2129. 299.08 (1) (a) 6m. of the statutes is created to read:

AB40,927,14 299.08 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40,2130 Section 2130. 299.09 (1) of the statutes is amended to read:

AB40,927,19 299.09 (1) In this section, "approval" means a well driller license under s. 280.15 (2m), certification for an incinerator operator under s. 285.51 (2), or certification for an operator of a solid waste disposal facility under s. 289.42 (1), or certification of a consultant under s. 292.63 (2) (g).

AB40,2131 Section 2131. 301.08 (1) (c) 4. of the statutes is amended to read:

AB40,927,23 301.08 (1) (c) 4. If the department collects any moneys from a vendor under a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge) (gf).

AB40,2132 Section 2132. 301.235 (2) (a) 1. of the statutes is amended to read:

AB40,928,6 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB40,2133 Section 2133. 301.24 (4) of the statutes is amended to read:

AB40,928,14 301.24 (4) Sales. Except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

AB40,2134 Section 2134. 301.24 (4m) of the statutes is amended to read:

AB40,928,22 301.24 (4m) Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.

AB40,2135 Section 2135. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40,929,4 301.26 (4) (d) 2. Beginning on July 1, 2011 2013, and ending on June 30, 2012 2014, the per person daily cost assessment to counties shall be $284 $297 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $284 $297 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $99 $125 for departmental corrective sanctions services, and $40 $41 for departmental aftercare services.

AB40,2136 Section 2136. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40,929,11 301.26 (4) (d) 3. Beginning on July 1, 2012 2014, and ending on June 30, 2013 2015, the per person daily cost assessment to counties shall be $289 $304 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $289 $304 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $100 $128 for departmental corrective sanctions services, and $40 $41 for departmental aftercare services.

AB40,2137 Section 2137. 301.26 (4) (e) of the statutes is amended to read:

AB40,929,17 301.26 (4) (e) For foster care, group home care, and institutional child care to alternate care services for 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).

AB40,2138 Section 2138. 301.26 (4) (ed) of the statutes is amended to read:

AB40,929,22 301.26 (4) (ed) For foster care, group home care, and institutional child care to alternate care services for 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).

AB40,2139 Section 2139. 301.26 (7) (intro.) of the statutes is amended to read:

AB40,930,3 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2011 2013, and ending on June 30, 2013 2015, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40,2140 Section 2140. 301.26 (7) (a) of the statutes is amended to read:

AB40,930,7 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,478,000 for the last 6 months of 2011 2013, $90,956,100 for 2012 2014, and $45,478,100 for the first 6 months of 2013 2015.

AB40,2141 Section 2141. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40,930,12 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2011 2013, $4,000,000 for 2012 2014, and $2,000,000 for the first 6 months of 2013 2015 to counties based on each of the following factors weighted equally:

AB40,2142 Section 2142. 301.26 (7) (b) 2. of the statutes is amended to read:

AB40,930,17 301.26 (7) (b) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance department of justice during the most recent 3-year period for which that information is available.

AB40,2143 Section 2143. 301.26 (7) (bm) of the statutes is amended to read:

AB40,930,24 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2011 2013, $12,500,000 for 2012 2014, and $6,250,000 for the first 6 months of 2013 2015 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.

AB40,2144 Section 2144. 301.26 (7) (c) of the statutes is amended to read:

AB40,931,7 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2011 2013, $2,106,500 for 2012 2014, and $1,053,300 for the first 6 months of 2013 2015 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.

AB40,2145 Section 2145. 301.26 (7) (e) of the statutes is amended to read:

AB40,931,13 301.26 (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 2011 2013, $250,000 for 2012 2014, and $125,000 for the first 6 months of 2013 2015. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB40,2146 Section 2146. 301.26 (7) (h) of the statutes is amended to read:

AB40,931,24 301.26 (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 2011 2013, $2,124,800 in 2012 2014, and $1,062,400 in the first 6 months of 2013 2015 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.

AB40,2147 Section 2147. 301.26 (8) of the statutes is amended to read:

AB40,932,4 301.26 (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 2011 2013, $1,333,400 in 2012 2014, and $666,700 in the first 6 months of 2013 2015 for alcohol and other drug abuse treatment programs.

AB40,2148 Section 2148. 301.263 (3) of the statutes is amended to read:

AB40,932,18 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration department of justice, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) 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 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance department of justice, during the most recent 2-year period for which that information is available.

AB40,2149 Section 2149. 301.27 (1) of the statutes is amended to read:

AB40,933,3 301.27 (1) Charges. In compliance with the compensation plan established under s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry, and other services furnished to employees of the state correctional institutions and members of the employee's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.410 (1) (a) and (3) (a), and (hm) and (j). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

AB40,2150 Section 2150. 301.32 (1) of the statutes is amended to read:

AB40,933,24 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB40,2151 Section 2151. 301.32 (3) (a) of the statutes is renumbered 301.32 (3).

AB40,2152 Section 2152. 301.32 (3) (b) of the statutes is repealed.

AB40,2153 Section 2153. 301.32 (3) (c) of the statutes is repealed.

AB40,2154 Section 2154. 302.04 of the statutes is amended to read:

AB40,934,10 302.04 Duties of warden and superintendents. Except as provided in s. ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB40,2155 Section 2155. 302.12 (2) of the statutes is amended to read:

AB40,934,19 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB40,2156 Section 2156. 302.13 of the statutes is amended to read:

AB40,935,2 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB40,2157 Section 2157. 302.43 of the statutes is amended to read:

AB40,935,19 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (j) 165.95 (9) and (10).

AB40,2158 Section 2158. 304.075 of the statutes is repealed.

AB40,2159 Section 2159. 321.40 (5) (c) of the statutes is amended to read:

AB40,935,23 321.40 (5) (c) No guard member may receive a tuition grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2) or 45.205 (2).

AB40,2160 Section 2160. 321.42 (1) (b) of the statutes is amended to read:

AB40,936,6 321.42 (1) (b) The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.455 (1) (b) 20.505 (1) (d). If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.

AB40,2161 Section 2161. 321.60 (1) (a) 12. of the statutes is amended to read:

AB40,936,11 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

AB40,2162 Section 2162. 323.40 (3) (a) of the statutes is renumbered 323.40 (3) (a) 1. and amended to read: