AB40-ASA1,1454,10 24(9) Congenital disorder testing fees; rules. Using the procedure under
25section 227.24 of the statutes, the department of health services shall promulgate

1rules required under section 253.13 (2) of the statutes, as affected by this act, for the
2period before the effective date of the permanent rules promulgated under section
3253.13 (2) of the statutes, as affected by this act, but not to exceed the period
4authorized under section 227.24 (1) (c) of the statutes, subject to extension under
5section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and
6(3) of the statutes, the department of health services is not required to provide
7evidence that promulgating a rule under this subsection as an emergency rule is
8necessary for the preservation of public peace, health, safety, or welfare and is not
9required to provide a finding of emergency for a rule promulgated under this
10subsection.
AB40-ASA1,1454,15 11(10q) Medical Assistance nursing home payment base funding. For the
12purpose of submitting information under section 16.42 of the statutes for purposes
13of preparing the 2013-15 biennial budget bill, the department of health services
14shall increase its adjusted base year funding for nursing home payments by $415,600
15in general purpose revenue moneys and by $925,100 in federal moneys.
AB40-ASA1,1454,23 16(10x) Audit of statewide income maintenance program administration. The
17joint legislative audit committee is requested to direct the legislative audit bureau
18to conduct a performance evaluation audit of the statewide administration of income
19maintenance programs, as defined in section 49.78 (1) (b) of the statutes. If
20conducted, the audit shall address timeliness, program integrity, and efficiency. If
21the committee directs the legislative audit bureau to conduct the audit, the bureau
22shall file its reports in the manner described under section 13.94 (1) (b) of the statutes
23by March 1, 2013.
AB40-ASA1,1455,5 24(11i) Study on purchase of generic drugs for Medical Assistance. The
25department of health services shall conduct a study to determine whether the use of

1a competitive bidding process for the purchase of generic drug equivalents that are
2provided to recipients under the Medical Assistance program would generate cost
3savings in the Medical Assistance program. No later than December 31, 2011, the
4department of health services shall submit a report of its findings under the study
5to the joint committee on finance.
AB40-ASA1,1455,6 6(12b) Study on Medical Assistance and Food Share changes.
AB40-ASA1,1455,8 7(a) The department of health services shall conduct a study to estimate the
8costs and determine the feasibility of the following policies:
AB40-ASA1,1455,13 91. Implementing photo identification requirements for beneficiaries of the
10Medical Assistance program and beneficiaries of the Food Share program by
11requiring a Medical Assistance enrollment card to contain a photograph of the
12beneficiary and a Food Share electronic benefit transfer card to contain a photograph
13of the beneficiary.
AB40-ASA1,1455,16 142. Promoting the purchase of nutritional foods and beverages among Food
15Share beneficiaries and requiring a beneficiary to purchase nutritional foods and
16beverages under the program.
AB40-ASA1,1455,17 17(b) The study must address all of the following issues:
AB40-ASA1,1455,20 181. Any potential costs associated with the implementation of the changes and
19any potential savings due to fraud reduction as a result of implementing the
20requirement for photo identification.
AB40-ASA1,1455,22 212. How to accommodate the photo identification requirement in households
22comprised of multiple individuals.
AB40-ASA1,1455,23 233. The need for federal approval to implement the changes.
AB40-ASA1,1456,2 24(c) No later than December 31, 2011, the department of health services shall
25submit to the joint committee on finance a report that includes the department's

1recommendations for implementing the policies under paragraph (a) and that
2analyzes the feasibility of implementing those changes by April 1, 2012.
AB40-ASA1,1456,20 3(12f) Seal-a-smile dental sealant program. The department of health services
4may submit a request to the joint committee on finance under section 13.10 of the
5statutes to provide supplemental funding under section 13.101 (3) of the statutes for
6the appropriation under section 20.435 (1) (de) of the statutes for use by the
7department to award a grant under section 250.10 (1m) (b) of the statutes for a
8school-based dental sealant program. Any request submitted under this subsection
9shall include a statement as to whether a private entity has agreed to provide
10matching funds for the grant for a school-based dental sealant program under
11section 250.10 (1m) (b) of the statutes. If the cochairpersons of the committee do not
12notify the department within 14 working days after the date of the department's
13request that the committee has scheduled a meeting for the purpose of reviewing the
14request, the request is granted. If, within 14 working days after the date of the
15request, the cochairpersons of the committee notify the department that the
16committee has scheduled a meeting for the purpose of reviewing the request, the
17request may be granted only upon approval of the committee. Notwithstanding
18section 13.101 (3) of the statutes, the joint committee on finance is not required to
19find that an emergency exists prior to making the supplementation under this
20subsection.
AB40-ASA1, s. 9122 21Section 9122. Nonstatutory provisions; Higher Educational Aids
Board.
AB40-ASA1,1457,522 (1d) Board of trustees of the Medical College of Wisconsin, Inc.
23Notwithstanding the requirement specified in section 39.15 (1) (a) of the statutes, as
24affected by this act, that 2 of the members of the board of trustees of the Medical

1College of Wisconsin, Inc., must be nominated by the governor, and with the advice
2and consent of the senate, appointed, that board may consist of more than 2 members
3so nominated and appointed until such time as through term expiration, resignation,
4removal, death, or other cause the membership of that board so nominated and
5appointed is reduced to 2 members.
AB40-ASA1, s. 9123 6Section 9123. Nonstatutory provisions; Historical Society.
AB40-ASA1, s. 9124 7Section 9124. Nonstatutory provisions; Housing and Economic
Development Authority.
AB40-ASA1, s. 9125 8Section 9125. Nonstatutory provisions; Insurance.
AB40-ASA1, s. 9126 9Section 9126. Nonstatutory provisions; Investment Board.
AB40-ASA1,1457,18 10(1f) Rights of certain investment board employees. Notwithstanding section
11230.08 (2) (p) of the statutes, as affected by this act, all of the employees holding blue
12collar and clerical positions in the classified service at the investment board on the
13day before the effective date of this subsection, who have achieved permanent status
14in class on or before that date, shall retain, while serving in the unclassified service,
15those protections afforded employees in the classified service under sections 230.34
16(1) (a) and 230.44 (1) (c) of the statutes relating to demotion, suspension, discharge,
17layoff, or reduction in base pay and shall also have reinstatement privileges to the
18classified service as provided under section 230.33 (1) of the statutes.
AB40-ASA1, s. 9127 19Section 9127. Nonstatutory provisions; Joint Committee on Finance.
AB40-ASA1, s. 9128 20Section 9128. Nonstatutory provisions; Judicial Commission.
AB40-ASA1, s. 9129 21Section 9129. Nonstatutory provisions; Justice.
AB40-ASA1, s. 9130 22Section 9130. Nonstatutory provisions; Legislature.
AB40-ASA1,1457,23 23(1u) Open enrollment program report.
AB40-ASA1,1458,3
1(a) The legislative audit bureau shall prepare a report on the state aid transfer
2amount under the open enrollment program. The report shall discuss all of the
3following:
AB40-ASA1,1458,4 41. The history of the transfer amount.
AB40-ASA1,1458,7 52. Alternatives for increasing the transfer amount based on the costs to
6nonresident school districts of educating transfer pupils and the amount of funding
7the resident school districts retain for their fixed costs.
AB40-ASA1,1458,9 83. Alternatives for transferring the resident school district's revenue limit
9amount or state aid amount to the nonresident school district.
AB40-ASA1,1458,12 10(b) The report shall discuss the issues and alternatives under paragraph (a)
11with respect to school districts that either gain or lose a relatively large proportion
12of pupils under the program.
AB40-ASA1,1458,18 13(c) By January 1, 2012, the legislative audit bureau shall submit the report to
14the governor; to the cochairpersons of the joint committee on finance; to the
15cochairpersons of the joint legislative audit committee under section 13.172 (3) of the
16statutes; and to the chairpersons of the appropriate standing committees of the
17legislature, as determined by the speaker of the assembly and the president of the
18senate, under section 13.172 (3) of the statutes.
AB40-ASA1, s. 9131 19Section 9131. Nonstatutory provisions; Lieutenant Governor.
AB40-ASA1, s. 9132 20Section 9132. Nonstatutory provisions; Local Government.
AB40-ASA1,1458,2221 (1d) Collective bargaining agreements covering certain municipal district
22employees.
AB40-ASA1,1459,13 23(a) A school district and the representative of a collective bargaining unit
24containing employees of that school district may enter into one memorandum of
25understanding that modifies compensation or fringe benefit requirements in the

1collective bargaining agreement under subchapter IV of chapter 111 of the statutes
2that covers the school district employees, that was entered into before February 1,
32011, and that is in effect on the effective date of this paragraph. Such a modification
4is not a modification of the collective bargaining agreement for purposes of 2011
5Wisconsin Act 10
, sections 9315 (1) and (2) and 9332 (1), or any provisions that are
6substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1),
7that may be enacted under separate legislation. The memorandum of understanding
8entered into under this paragraph remains effective for the duration of the current
9collective bargaining agreement and continues to be effective after the collective
10bargaining agreement expires until a new collective bargaining agreement takes
11effect except that, if the memorandum contains a provision addressing a subject that,
12at the expiration of the collective bargaining agreement, becomes a prohibited
13subject of bargaining, that provision is no longer effective.
AB40-ASA1,1460,5 14(b) A technical college district board and the representative of a collective
15bargaining unit containing employees of that technical college district may enter into
16one memorandum of understanding that modifies compensation or fringe benefit
17requirements in the collective bargaining agreement under subchapter IV of chapter
18111 of the statutes that covers the technical college district employees, that was
19entered into before February 1, 2011, and that is in effect on the effective date of this
20paragraph. Such a modification is not a modification of the collective bargaining
21agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332
22(1)
, or any provisions that are substantially similar to 2011 Wisconsin Act 10,
23sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate
24legislation. The memorandum of understanding entered into under this paragraph
25remains effective for the duration of the current collective bargaining agreement and

1continues to be effective after the collective bargaining agreement expires until a
2new collective bargaining agreement takes effect except that, if the memorandum
3contains a provision addressing a subject that, at the expiration of the collective
4bargaining agreement, becomes a prohibited subject of bargaining, that provision is
5no longer effective.
AB40-ASA1,1460,7 6(c) No memorandum of understanding as described in paragraph (a) or (b) may
7be entered into later than 90 days after the effective date of this paragraph.
AB40-ASA1, s. 9133 8Section 9133. Nonstatutory provisions; Medical College of Wisconsin.
AB40-ASA1, s. 9134 9Section 9134. Nonstatutory provisions; Military Affairs.
AB40-ASA1, s. 9135 10Section 9135. Nonstatutory provisions; Natural Resources.
AB40-ASA1,1460,11 11(2) Commercial construction site erosion control.
AB40-ASA1,1460,1312 (a) In this subsection, "commercial building site" means a building site for
13construction of public buildings and buildings that are places of employment.
AB40-ASA1,1460,2314 (b) All rules promulgated by the department of natural resources under section
15281.33 (3m), 2009 stats., related to erosion control for commercial building sites that
16are in effect on the effective date of this paragraph, as determined by the secretary
17of administration, remain in effect until their specified expiration dates or until
18amended or repealed by the department of safety and professional services. All
19orders issued by the department of natural resources that are in effect on the
20effective date of this paragraph and that are primarily related to erosion control for
21commercial building sites, as determined by the secretary of administration, remain
22in effect until their specified expiration dates or until modified or rescinded by the
23department of safety and professional services.
AB40-ASA1,1461,624 (c) Any matter pending with the department of natural resources on the
25effective date of this paragraph that is primarily related to its commercial building

1site erosion control responsibilities under section 281.33 (3m), 2009 stats., as
2determined by the secretary of administration, is transferred to the department of
3safety and professional services and all materials submitted to or actions taken by
4the department of natural resources with respect to the pending matters are
5considered as having been submitted to or taken by the department of safety and
6professional services.
AB40-ASA1,1461,107 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats.,
8made by the department of natural resources to a county, city, village, or town that
9is in effect on the effective date of this paragraph remains in effect until revoked by
10the department of safety and professional services.
AB40-ASA1,1461,11 11(e) 1. In this paragraph:
AB40-ASA1,1461,13 12a. "Commercial building" means a public building or a building that is a place
13of employment.
AB40-ASA1,1461,15 14b. "Place of employment" has the meaning given in section 101.01 (11) of the
15statutes.
AB40-ASA1,1461,16 16c. "Public building" has the meaning given in section 101.01 (12) of the statutes.
AB40-ASA1,1461,19 172. On or before October 1, 2011, the department of natural resources and the
18department of safety and professional services shall enter into a memorandum of
19understanding that does all of the following:
AB40-ASA1,1461,24 20a. Delineates the responsibilities of the department of natural resources under
21section 281.33 of the statutes, as affected by this act, and the department of safety
22and professional services under section 101.1206 of the statutes, as affected by this
23act, in administering erosion control activities at construction sites during and after
24construction.
AB40-ASA1,1462,7
1b. Delineates the manner in which the department of safety and professional
2services will regulate erosion control activities at commercial building construction
3sites of one acre or larger so that those erosion control activities are regulated in a
4manner that is consistent with the manner in which the department of natural
5resources regulates erosion control activities under chapter 283 of the statutes, as
6affected by this act, and rules promulgated under chapter 283 of the statutes, as
7affected by this act.
AB40-ASA1,1462,9 8(3c) Federal fiscal year 2011 appropriations act funding for clean water fund
9projects.
AB40-ASA1,1462,1610(a) If this state receives moneys under P.L. 112-10 as a capitalization grant for
11clean water state revolving funds under the Federal Water Pollution Control Act, the
12department of natural resources and the department of administration may, as
13provided in this subsection, allocate the funds, before December 31, 2013, for
14financial assistance to municipalities, as defined in section 281.59 (1) (c) of the
15statutes, under section 281.58 of the statutes for projects eligible to receive financial
16assistance under that section.
AB40-ASA1,1463,217 (b) The department of natural resources and the department of administration
18shall provide additional subsidy under this subsection to municipalities in the
19amount that P.L. 112-10 requires to be used to provide additional subsidy. The
20department of natural resources and the department of administration shall provide
21additional subsidy to a municipality in the form of forgiveness of part of the principal
22of a loan made to the municipality, notwithstanding the limits in section 281.58 (6)
23(b) of the statutes on the methods that may be used to provide financial assistance.
24The department of natural resources may establish a percentage limit of the amount

1of the principal forgiveness available under this paragraph that may be received by
2any municipality.
AB40-ASA1,1463,43 (c) The department of natural resources may establish a deadline for
4submitting applications for financial assistance under this subsection.
AB40-ASA1,1463,75 (d) In selecting the projects to receive financial assistance under this
6subsection, and the terms of the financial assistance, the department of natural
7resources may consider any of the following:
AB40-ASA1,1463,8 81. The population of the municipality in which a project would be located.
AB40-ASA1,1463,10 92. The median household income, as defined in section 281.58 (1) (cm) of the
10statutes, of the municipality in which a project would be located.
AB40-ASA1,1463,13 113. The extent to which a project promotes water efficiency or energy efficiency;
12is environmentally innovative; or uses natural systems or engineered systems that
13mimic natural processes, also called green infrastructure.
AB40-ASA1,1463,1614 (e) Notwithstanding section 227.10 (1) of the statutes, the department of
15natural resources and the department of administration are not required to
16promulgate rules for the purposes of this subsection.
AB40-ASA1,1463,18 17(3d) Federal fiscal year 2011 appropriations act funding for safe drinking
18water loan program projects.
AB40-ASA1,1464,319(a) If this state receives moneys under P.L. 112-10 as a capitalization grant for
20drinking water state revolving loan funds under the federal Safe Drinking Water
21Act, the department of natural resources and the department of administration may,
22as provided in this subsection, allocate the funds, before December 31, 2013, for
23financial assistance to local governmental units, as defined in section 281.61 (1) (a)
24of the statutes, under section 281.61 of the statutes for projects eligible to receive
25financial assistance under that section. Notwithstanding section 281.59 (3s) (a) of

1the statutes, the department of administration may, until December 30, 2013,
2allocate amounts approved for the 2011-13 biennium under section 281.59 (3s) (b)
31. of the statutes for projects under this subsection.
AB40-ASA1,1464,134 (b) The department of natural resources and the department of administration
5shall provide additional subsidy under this subsection to local governmental units
6in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The
7department of natural resources and the department of administration shall provide
8additional subsidy to a local governmental unit in the form of forgiveness of part of
9the principal of a loan made to the local governmental unit, notwithstanding the
10limits in section 281.61 (2r) of the statutes on the methods that may be used to
11provide financial assistance. The department of natural resources may establish a
12percentage limit of the amount of the principal forgiveness available under this
13paragraph that may be received by any local governmental unit.
AB40-ASA1,1464,1614 (c) The department of natural resources may establish a different deadline for
15submitting applications for financial assistance under this subsection than the
16deadline in section 281.61 (5) of the statutes.
AB40-ASA1,1464,1917 (d) In selecting the projects to receive financial assistance under this
18subsection, and the terms of the financial assistance, the department of natural
19resources may consider any of the following:
AB40-ASA1,1464,21 201. The population of the local governmental unit in which a project would be
21located.
AB40-ASA1,1464,23 222. The median household income, as defined in section 281.58 (1) (cm) of the
23statutes, of the local governmental unit in which a project would be located.
AB40-ASA1,1465,3
13. The extent to which a project promotes water efficiency or energy efficiency;
2is environmentally innovative; or uses natural systems or engineered systems that
3mimic natural processes, also called green infrastructure.
AB40-ASA1,1465,64 (e) Notwithstanding section 227.10 (1) of the statutes, the department of
5natural resources and the department of administration are not required to
6promulgate rules for the purposes of this subsection.
AB40-ASA1,1465,7 7(3f) Economic impact analyses for certain rules.
AB40-ASA1,1465,9 8(a) In this subsection, "department" means the department of natural
9resources.
AB40-ASA1,1465,1110 (b) The department shall prepare an economic impact analysis of all of the
11following:
AB40-ASA1,1465,12 121. Section NR 102.06, Wisconsin Administrative Code.
AB40-ASA1,1465,1313 2. Subchapter III of chapter NR 217, Wisconsin Administrative Code.
AB40-ASA1,1465,1414 3. Section NR 115, Wisconsin Administrative Code.
AB40-ASA1,1465,1815 (c) The economic impact analyses prepared by the department under this
16subsection shall include the information specified in section 227.137 (3) of the
17statutes. The department may prepare a single combined analysis for the rules
18specified under paragraph (b) 1. and 2.
AB40-ASA1,1465,24 19(d) The department shall submit the economic impact analyses required under
20this subsection on or before December 31, 2011, to the governor, to the department
21of administration, to the cochairpersons of the joint committee for review of
22administrative rules, and to the chief clerks of the assembly and senate for
23distribution to the chairpersons of the appropriate standing committees of the
24legislature.
AB40-ASA1,1466,8
1(3q) Southeastern Wisconsin Fox River commission. The department of
2natural resources shall provide in the 2011-13 fiscal biennium, from the
3appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act,
4$200,000 to the Southeastern Wisconsin Fox River commission. The commission
5may use this funding for activities that are required or authorized under subchapter
6VI of chapter 33 of the statutes and that are consistent with the commission's
7implementation plan. The activities for which this funding is utilized may include
8the activities required under section 33.56 (1), (2), and (3) of the statutes.
AB40-ASA1, s. 9136 9Section 9136. Nonstatutory provisions; Public Defender Board.
AB40-ASA1, s. 9137 10Section 9137. Nonstatutory provisions; Public Instruction.
AB40-ASA1,1466,17 11(1) Student information system. The state superintendent of public
12instruction shall submit a plan for the expenditure of moneys appropriated under
13section 20.255 (1) (e) of the statutes, as created by this act, in the 2011-12 fiscal year
14to the governor for his or her approval. By October 1, 2011, the state superintendent
15and the governor shall submit the approved plan to the joint committee on finance
16for its approval. The state superintendent may not expend or encumber the moneys
17unless the joint committee on finance approves the plan.
AB40-ASA1,1466,18 18(1u) Pupil assessments.
AB40-ASA1,1467,2 19(a) Beginning in the 2014-15 school year, the department of public instruction
20shall replace the Wisconsin Knowledge and Concepts Examination with pupil
21assessments developed by the Smarter Balance Assessment Consortium or by an
22entity selected by the department through a request for proposals process. The new
23assessments shall be standards-based; measure mastery of the common core
24standards; be designed so as to begin the transition to online testing; and allow for
25the results of multiple-choice questions to be provided within one week and the

1results of open-ended questions to be provided within 6 weeks, or as soon as
2practicable.
AB40-ASA1,1467,7 3(b) By January 1, 2012, and by January 1, 2013, the department of public
4instruction shall report to the cochairpersons of the joint committee on finance on the
5progress of the transition from the current pupil assessment system to the new pupil
6assessment system. The department shall ensure that a stand-alone field test of
7new assessment items is conducted no later than the spring of 2014.
AB40-ASA1,1467,11 8(2) Special adjustment aids. Notwithstanding section 121.105 (2) of the
9statutes, for state aid distributed in the 2011-12 school year, the department of
10public instruction shall calculate the aid adjustment under that section using 90
11percent instead of 85 percent in section 121.105 (2) (am) 1. and 2. of the statutes.
AB40-ASA1,1467,12 12(3q) Low revenue adjustment aid.
AB40-ASA1,1467,19 13(a) Except as provided in paragraph (b) and subject to paragraph (c), in the
142011-12 school year, from the appropriation under section 20.255 (2) (ar) of the
15statutes, as created by this act, the department of public instruction shall pay to each
16school district in which the school district's per pupil revenue under section 121.905
17(4) (a) of the statutes is greater than the school district's base revenue per member,
18as determined under section 121.905 of the statutes, as affected by this act, an
19amount determined as follows:
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