SB21: Bill Text

SB21,4205 Section 4205. 285.59 (1) (b) of the statutes is amended to read:

SB21,1581,23 285.59 (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 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 System Authority, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Wisconsin Health and Educational Facilities Authority.

SB21,4206 Section 4206. 285.85 (1) of the statutes is amended to read:

SB21,1582,8 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board department shall affirm, modify, or set aside the order of the secretary.

SB21,4207 Section 4207. 287.03 (1) (c) of the statutes is amended to read:

SB21,1582,12 287.03 (1) (c) Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin System Authority.

SB21,4208 Section 4208. 287.22 (2) (d) of the statutes is amended to read:

SB21,1582,16 287.22 (2) (d) Advise the department and the University of Wisconsin System Authority concerning educational efforts and research related to solid waste reduction, recovery and recycling.

SB21,4209 Section 4209. 289.68 (7) of the statutes is amended to read:

SB21,1582,22 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

SB21,4210 Section 4210. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB21,1583,2 292.11 (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. 238.13 235.13 (1) (a).

SB21,4211 Section 4211. 292.255 of the statutes is amended to read:

SB21,1583,8 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority 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. 238.13 235.13 (1) (a).

SB21,4212 Section 4212. 292.63 (3) (a) (intro.) of the statutes is amended to read:

SB21,1583,16 292.63 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

SB21,4213 Section 4213. 292.63 (3) (ac) of the statutes is created to read:

SB21,1583,21 292.63 (3) (ac) Sunset. 1. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not provide notification under par. (a) 3. concerning the discharge before February 3, 2015.

SB21,1583,24 2. An owner or operator or person owning a home oil tank system is not eligible for an award under this section if the owner or operator or person does not submit a claim for the costs before July 1, 2017.

SB21,4214 Section 4214. 292.63 (4) (cc) 2. b. of the statutes is amended to read:

SB21,1584,4 292.63 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 238.13 235.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB21,4215 Section 4215. 293.49 (1) (a) of the statutes is amended to read:

SB21,1584,8 293.49 (1) (a) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 23.0927 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

SB21,4216 Section 4216. 295.58 (1) (a) of the statutes is amended to read:

SB21,1584,12 295.58 (1) (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 23.0927 (11), the department shall issue a mining permit if it finds all of the following:

SB21,4217 Section 4217. 299.13 (1) (be) of the statutes is repealed.

SB21,4218 Section 4218. 299.13 (1m) (intro.) of the statutes is amended to read:

SB21,1584,17 299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the duties under this section and s. 36.25 (30), the department and the center shall promote all of the following techniques for pollution prevention:

SB21,4219 Section 4219. 299.13 (2) (a) 2. of the statutes is repealed.

SB21,4220 Section 4220. 299.13 (2) (c) of the statutes is repealed.

SB21,4221 Section 4221. 301.01 (1n) of the statutes is created to read:

SB21,1584,24 301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,4222 Section 4222. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1585,6 301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,4223 Section 4223 . 301.025 of the statutes is amended to read:

SB21,1585,12 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, and the serious juvenile offender program under s. 938.538, and youth aids.

SB21,4224 Section 4224 . 301.025 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1585,19 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, community supervision under s. 938.538, and the serious juvenile offender program under s. 938.538.

SB21,4225 Section 4225. 301.03 (5h) of the statutes is amended to read:

SB21,1585,24 301.03 (5h) Develop, with the assistance of the office division of state employment relations personnel management in the department of administration, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

SB21,4226 Section 4226 . 301.03 (9) of the statutes is amended to read:

SB21,1586,5 301.03 (9) Supervise all persons placed under s. 938.183 in a state prison, all persons placed under s. 938.34 (4h) in the serious juvenile offender program, all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), and all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4).

SB21,4227 Section 4227 . 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1586,12 301.03 (9) Supervise all persons placed under s. 938.183 in a state prison, all persons placed under s. 938.34 (4h) in the serious juvenile offender program, all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), and all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4).

SB21,4228 Section 4228. 301.03 (9r) of the statutes is repealed.

SB21,4229 Section 4229. 301.03 (10) (a) of the statutes is amended to read:

SB21,1586,16 301.03 (10) (a) Execute the laws relating to the detention, reformation, and correction of delinquents delinquent juveniles placed under its jurisdiction.

SB21,4230 Section 4230. 301.03 (10) (b) of the statutes is amended to read:

SB21,1586,21 301.03 (10) (b) Direct the aftercare of and supervise all delinquents Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as it deems the department considers appropriate for the prevention of delinquency.

SB21,4231 Section 4231. 301.03 (10) (c) of the statutes is amended to read:

SB21,1587,7 301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23 and, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.

SB21,4232 Section 4232. 301.03 (10) (d) of the statutes is amended to read:

SB21,1587,13 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.

SB21,4233 Section 4233. 301.03 (18) (a) of the statutes is amended to read:

SB21,1587,23 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased correctional services purchased or provided by the department or a county department under s. 46.215, 46.22, or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

SB21,4234 Section 4234. 301.03 (18) (am) of the statutes is renumbered 49.32 (1) (ap).

SB21,4235 Section 4235. 301.03 (18) (b) of the statutes is amended to read:

SB21,1588,8 301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services purchased or provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

SB21,4236 Section 4236. 301.031 (1) (a) of the statutes is amended to read:

SB21,1588,12 301.031 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit to the department by December 31 annually its final budget for juvenile correctional services purchased or directly provided or purchased.

SB21,4237 Section 4237. 301.031 (2) of the statutes is amended to read:

SB21,1588,18 301.031 (2) Assessment of needs. Before developing and submitting a proposed budget for juvenile correctional services to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB21,4238 Section 4238. 301.031 (2g) (a) of the statutes is amended to read:

SB21,1589,9 301.031 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for juvenile correctional services and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB21,4239 Section 4239. 301.031 (2g) (b) of the statutes is amended to read:

SB21,1589,17 301.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for juvenile delinquency-related correctional services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

SB21,4240 Section 4240. 301.031 (2g) (c) of the statutes is amended to read:

SB21,1589,22 301.031 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22 , and 46.23 and providers of service juvenile correctional services to the committee for review and approval.

SB21,4241 Section 4241. 301.031 (2r) (a) 1. of the statutes is amended to read:

SB21,1590,2 301.031 (2r) (a) 1. Is for juvenile correctional services which that duplicate or are inconsistent with services being purchased or provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.

SB21,4242 Section 4242. 301.031 (2r) (a) 2. of the statutes is amended to read:

SB21,1590,9 301.031 (2r) (a) 2. Is inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for provision of juvenile correctional services by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

SB21,4243 Section 4243. 301.032 (title) of the statutes is amended to read:

SB21,1590,12 301.032 (title) Juvenile delinquency-related correctional services; supervisory functions of state department.

SB21,4244 Section 4244. 301.032 (1) (a) of the statutes is amended to read:

SB21,1590,19 301.032 (1) (a) The department shall supervise the administration of juvenile delinquency-related correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile delinquency-related correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

SB21,4245 Section 4245. 301.032 (1) (b) of the statutes is amended to read:

SB21,1591,2 301.032 (1) (b) All records of the department and all county records relating to juvenile delinquency-related correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.

SB21,4246 Section 4246. 301.032 (1) (c) of the statutes is amended to read:

SB21,1591,13 301.032 (1) (c) The department may at any time audit all county records relating to the administration of juvenile delinquency-related correctional services and may at any time conduct administrative reviews of county departments under ss. 46.215, 46.22, and 46.23. If the department conducts such an audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21, 46.22, or 46.23.

SB21,4247 Section 4247. 301.032 (2) of the statutes is amended to read:

SB21,1591,17 301.032 (2) The county administration of all laws relating to juvenile delinquency-related correctional services shall be vested in the officers and agencies designated in the statutes.

SB21,4248 Section 4248. 301.067 of the statutes is repealed.

SB21,4249 Section 4249. 301.07 of the statutes is amended to read:

SB21,1591,23 301.07 Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.

SB21,4250 Section 4250. 301.08 (2) (a) of the statutes is amended to read: