LRBs0370/1
MDK:cjs
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 820
February 16, 2016 - Offered by Representatives Barca, Shankland, Jorgensen
and Zamarripa.
AB820-ASA1,1,8 1An Act to amend 20.155 (3) (r), 49.45 (23) (a), 49.471 (4) (a) 4. b., 196.504 (title),
2196.504 (1) (a) 3., 196.504 (2) (c) and 196.85 (1m) (b); and to create 49.471 (1)
3(cr), 49.471 (4g), 196.504 (1) (ae), 196.504 (3), 196.504 (4), 196.504 (5), 196.504
4(6), 196.504 (7), 196.504 (8) and 196.504 (9) of the statutes; relating to: duties
5of the Public Service Commission under the broadband expansion grant
6program, eligible applicants under that program, certification of political
7subdivisions under that program, Medicaid expansion, eligibility for
8BadgerCare Plus and BadgerCare Plus Core, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB820-ASA1,1 9Section 1. 20.155 (3) (r) of the statutes is amended to read:
AB820-ASA1,2,310 20.155 (3) (r) Broadband expansion grants. From the universal service fund,
11as a continuing appropriation, the amounts in the schedule for broadband expansion

1grants under s. 196.504. All moneys transferred under 2015 Wisconsin Act 55,
2section 9236 (1v) and all moneys transferred under 2015 Wisconsin Act .... (this act),
3section 18 (4)
shall be credited to this appropriation account.
AB820-ASA1,2 4Section 2. 49.45 (23) (a) of the statutes is amended to read:
AB820-ASA1,2,125 49.45 (23) (a) The department shall request a waiver from the secretary of the
6federal department of health and human services to permit the department to
7conduct a demonstration project to provide health care coverage to adults who are
8under the age of 65, who have family incomes not to exceed 100 133 percent of the
9poverty line before application of the 5 percent income disregard under 42 CFR
10435.603 (d)
, except as provided in s. 49.471 (4g), and who are not otherwise eligible
11for medical assistance under this subchapter, the Badger Care health care program
12under s. 49.665, or Medicare under 42 USC 1395 et seq.
AB820-ASA1,3 13Section 3. 49.471 (1) (cr) of the statutes is created to read:
AB820-ASA1,2,1514 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a
15federal medical assistance percentage described under 42 USC 1396d (y) or (z).
AB820-ASA1,4 16Section 4. 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB820-ASA1,2,1917 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family
18income does not exceed 100 133 percent of the poverty line before application of the
195 percent income disregard under 42 CFR 435.603 (d)
.
AB820-ASA1,5 20Section 5. 49.471 (4g) of the statutes is created to read:
AB820-ASA1,3,321 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a)
22For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23),
23the department shall comply with all federal requirements to qualify for the highest
24available enhanced federal medical assistance percentage. The department shall
25submit any amendment to the state medical assistance plan, request for a waiver of

1federal Medicaid law, or other approval required by the federal government to
2provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and
3qualify for the highest available enhanced federal medical assistance percentage.
AB820-ASA1,3,144 (b) If the department does not qualify for an enhanced federal medical
5assistance percentage, or if the enhanced federal medical assistance percentage
6obtained by the department is lower than printed in federal law as of July 1, 2013,
7for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall
8submit to the joint committee on finance a fiscal analysis comparing the cost to
9maintain coverage for adults who are not pregnant and not elderly at up to 133
10percent of the poverty line to the cost of limiting eligibility to those adults with family
11incomes up to 100 percent of the poverty line. The department may reduce income
12eligibility for adults who are not pregnant and not elderly from up to 133 percent of
13the poverty line to up to 100 percent of the poverty line only if this reduction in income
14eligibility levels is approved by the joint committee on finance.
AB820-ASA1,6 15Section 6. 196.504 (title) of the statutes is amended to read:
AB820-ASA1,3,17 16196.504 (title) Broadband expansion grant program; Broadband
17Forward! community certification
.
AB820-ASA1,7 18Section 7. 196.504 (1) (a) 3. of the statutes is amended to read:
AB820-ASA1,3,2119 196.504 (1) (a) 3. A city, village, town, or county political subdivision, school
20district, technical college district, or public library board
that submits an application
21in partnership with an eligible applicant under subd. 1. or 2.
AB820-ASA1,8 22Section 8. 196.504 (1) (ae) of the statutes is created to read:
AB820-ASA1,3,2323 196.504 (1) (ae) "Political subdivision" means a city, village, town, or county.
AB820-ASA1,9 24Section 9. 196.504 (2) (c) of the statutes, as affected by 2015 Wisconsin Act 55,
25is amended to read:
AB820-ASA1,4,10
1196.504 (2) (c) To establish criteria for evaluating applications and awarding
2grants under this section. The criteria shall prohibit grants that have the effect of
3subsidizing the expenses of a provider of telecommunication provider
4telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of
5telecommunications customers of those providers. The criteria shall give priority to
6projects that include matching funds, that involve public-private partnerships, that
7affect areas with no broadband service providers, that are scalable, that promote
8economic development, that are in a political subdivision certified as a Broadband
9Forward! community under sub. (4),
or that affect a large geographic area or a large
10number of underserved individuals or communities.
AB820-ASA1,10 11Section 10. 196.504 (3) of the statutes is created to read:
AB820-ASA1,4,1312 196.504 (3) The commission shall encourage the development of broadband
13infrastructure in underserved areas of the state and do all of the following:
AB820-ASA1,4,1614 (a) Provide comprehensive information concerning permits required for
15broadband network projects and related business activities in the state and make
16this information available to any person.
AB820-ASA1,4,1917 (b) Work with other state and local government offices, departments, and
18administrative entities to encourage timely and efficient issuance of permits and
19resolution of related issues.
AB820-ASA1,4,2220 (c) Encourage local and federal government agencies to coordinate activities
21related to approving applications and issuing permits related to broadband network
22projects.
AB820-ASA1,11 23Section 11. 196.504 (4) of the statutes is created to read:
AB820-ASA1,5,1024 196.504 (4) A political subdivision may apply to the commission for
25certification as a Broadband Forward! community. The commission shall prescribe

1the form and manner for making an application. The commission shall prescribe a
2process for public notice and comment on an application for a period of at least 30
3days after the application is received, except that the process does not apply to an
4application by a political subdivision that enacts a model ordinance developed under
5sub. (9) (a) or submits a written statement under sub. (9) (b). The commission shall
6approve an application and certify a political subdivision as a Broadband Forward!
7community if the commission determines that the political subdivision has enacted
8an ordinance that complies with sub. (5). If the process for public notice and comment
9applies to an application, the commission shall, before approving the application,
10consider any public comments made regarding the application.
AB820-ASA1,12 11Section 12. 196.504 (5) of the statutes is created to read:
AB820-ASA1,5,1512 196.504 (5) A political subdivision may not be certified as a Broadband
13Forward! community under sub. (4) unless the political subdivision enacts an
14ordinance for reviewing applications and issuing permits related to broadband
15network projects that provides for all of the following:
AB820-ASA1,5,1716 (a) Appointing a single point of contact for all matters related to a broadband
17network project.
AB820-ASA1,5,2018 (b) Requiring the political subdivision to determine whether an application is
19complete and notifying the applicant about the determination in writing within 10
20days of receiving the application.
AB820-ASA1,5,2321 (c) If the political subdivision does not believe that an application is complete,
22requiring the written notification under par. (b) to specify in detail the required
23information that is incomplete.
AB820-ASA1,6,3
1(d) If the political subdivision does not make the written notification required
2under par. (b), requiring the political subdivision to consider an application to be
3complete.
AB820-ASA1,6,54 (e) Allowing an applicant to resubmit an application as often as necessary until
5the application is complete.
AB820-ASA1,6,86 (f) Within 45 days of receiving an application that is complete, requiring the
7political subdivision to approve or deny the application and provide the applicant
8written notification of the approval or denial.
AB820-ASA1,6,119 (g) If the political subdivision denies an application, requiring the political
10subdivision to include in the written notification under par. (f) substantial evidence
11that supports the denial.
AB820-ASA1,6,1412 (h) Requiring that an application is considered approved and any required
13permit is issued if the political subdivision does not provide the written notification
14under par. (f).
AB820-ASA1,6,1715 (i) Providing that any fee imposed by the political subdivision to review an
16application, issue a permit, or perform any other activity related to a broadband
17network project is reasonable.
AB820-ASA1,6,2018 (k) Allowing all forms, applications, and documentation related to a broadband
19network project to be filed and signed by electronic or another means authorized by
20the commission.
AB820-ASA1,13 21Section 13. 196.504 (6) of the statutes is created to read:
AB820-ASA1,6,2322 196.504 (6) A political subdivision that the commission has certified as a
23Broadband Forward! community under sub. (4) may not do any of the following:
AB820-ASA1,6,2524 (a) Require an applicant to designate a final contractor to complete a
25broadband network project.
AB820-ASA1,7,3
1(b) Impose an unreasonable fee to review an application or issue a permit for
2a broadband network project application. Any application fee that exceeds $100 is
3considered unreasonable.
AB820-ASA1,7,64 (c) Impose a moratorium of any kind on the approval of applications and
5issuance of permits for broadband network projects or on construction related to
6broadband network projects.
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