Amendment ASA1-AB40

AB40-ASA1,1309,8 (b) The declaration under paragraph (a) is made in lieu of, and has the same effect as, a final judgment entered by a court under chapter 841 of the statutes.

AB40-ASA1,1309,12 (c) The department of natural resources is not required to prepare a report under section 13.097 (2) of the statutes with regard to the establishment of the shoreline of Lake Michigan under section 30.2038 of the statutes, as created by this act.

AB40-ASA1,1309,23 (4j) Private fish farm capacity study. The department of natural resources shall study the capacity of private fish farms to rear fish for stocking in the waters of this state for the purpose of maintaining and improving fish populations. In conducting the study under this subsection, the department of natural resources shall consult with the department of administration, the department of agriculture, trade, and consumer protection, the Wisconsin Economic Development Corporation, the Wisconsin Aquaculture Association, Inc., and the University of Wisconsin–Extension. No later than June 30, 2014, the department of natural resources shall complete the study and submit a report of the study results to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

AB40-ASA1,1309,24 (4q) Fish farm studies and rules.

AB40-ASA1,1309,25 (a) Studies.

AB40-ASA1,1310,8 1. The department of natural resources and the department of agriculture, trade and consumer protection shall conduct a study of the statutes and administrative rules that are in effect on the effective date of this subdivision and that are applicable to fish farms, as defined in section 95.001 (1) (aj) of the statutes, for the purpose of assessing the need for these statutes and rules. In making this assessment, both departments shall study the issue of overlap among these statutes and rules and the possibility of streamlining the procedures used by both departments in administering these statutes and rules.

AB40-ASA1,1310,12 2. The department of natural resources and the department of agriculture, trade and consumer protection shall also conduct a study on the viability of creating a fish hatchery stamp that could be issued to holders of licenses under chapter 29 of the statutes that authorize fishing for sport.

AB40-ASA1,1310,20 (b) Recommendations and report. The department of natural resources and the department of agriculture, trade and consumer protection shall jointly make recommendations based on the studies conducted under paragraph (a) 1. and 2. and the department of natural resources shall prepare a report containing the results of the studies and these recommendations. The department of natural resources shall submit the report to the appropriate standing committees of the legislature and to the joint committee for review of administrative rules in the manner provided under section 13.172 (3) of the statutes no later than November 15, 2013.

AB40-ASA1,1311,7 (c) Emergency rules. The department of natural resources and the department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes to promulgate rules to implement any of the recommendations for changes to administrative rules that are based on the study conducted under paragraph (a) 1. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this paragraph remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, neither department is required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare, and neither department is required to provide a finding of emergency for a rule promulgated under this paragraph.

AB40-ASA1,1311,15 (4u) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2013-14, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is used may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

AB40-ASA1,1311,22 (5c) University of Wisconsin-Extension private fish farm grant. In fiscal year 2013-14, the department of natural resources shall award a grant in the amount of $160,000 to the University of Wisconsin-Extension from the appropriation under section 20.370 (4) (ma) of the statutes. The University of Wisconsin-Extension shall use the grant during fiscal year 2013-14 to assist private fish farms by developing programs and providing services that support fish farm industry growth and profitability.

AB40-ASA1,9133 Section 9133. Nonstatutory provisions; Public Defender Board.

AB40-ASA1,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB40-ASA1,1312,6 (2) Statewide student data system. By the first day of the 3rd month beginning after the effective date of this subsection, the agencies specified in section 115.297 (1) (a) of the statutes, as affected by this act, shall amend the agreement under section 115.297 (3) of the statutes, or enter into a new agreement under that section, so as to include the department of children and families and the department of workforce development in the agreement.

AB40-ASA1,1312,7 (2q) Comprehensive evaluation of common core standards.

AB40-ASA1,1312,10 (a) Definition. In this subsection, "common core standards" means the educational standards developed for kindergarten through grade 12 by the Common Core State Standards Initiative.

AB40-ASA1,1312,16 (b) Suspend implementation of common core standards. Except as provided in this subsection, the department of public instruction may take no further action to implement the common core standards and may not direct school districts to implement further standards. Any common core standard adopted and implemented by the department of public instruction before July 1, 2013, remains in effect until the department adopts the standards required in paragraph (f).

AB40-ASA1,1312,23 (c) Evaluation of common core standards by the department of public instruction. No later than September 1, 2013, the department of public instruction shall submit a written evaluation of the common core standards adopted pursuant to a proclamation of the state superintendent on June 2, 2010, to the speaker of the assembly and the president of the senate, in the manner provided under s. 13.172 (3), the governor, and, if applicable, the legislative study committee established under paragraph (e).

AB40-ASA1,1313,3 (d) Analysis by the legislative fiscal bureau of the fiscal impact of adopting the common core standards. No later than September 1, 2013, the legislative fiscal bureau shall, in consultation with the department of public instruction, estimate the fiscal impact to the state if the department of public instruction takes either of the following actions:

AB40-ASA1,1313,5 1. `Implementation of common core standards.' Fully implements the adoption of the common core standards.

AB40-ASA1,1313,7 2. `Rejection of common core standards.' Discontinues the implementation of the common core standards and adopts other college and career readiness standards.

AB40-ASA1,1313,9 (e) Joint legislative council study on common core standards and other college and career readiness standards.

AB40-ASA1,1313,14 1. `Legislative study committee.' The joint legislative council is requested to establish a study committee to study issues related to the common core standards adopted by the state superintendent of public instruction on June 2, 2010, and other academic standards, including those academic standards currently in effect in this state.

AB40-ASA1,1313,19 2. `Findings.' If the joint legislative council establishes a study committee as requested in this paragraph, the legislative study committee shall, no later than November 1, 2013, schedule and hold at least three public hearings to consider and submit a final report containing all of the following information to the legislative council, the governor, and the department of public instruction:

AB40-ASA1,1313,22 a. A comparison of the academic standards currently in effect in this state with the common core state standards adopted by the state superintendent on June 2, 2010.

AB40-ASA1,1314,4 b. A consideration of best practices in developing and adopting college and career readiness standards. To fulfill the requirement of this subdivision 2. b., the legislative study committee shall seek information from a broad range of sources, including subject area teachers from elementary and secondary schools in this state and subject area instructors and experts from post-secondary educational institutions; and shall seek information about any other standards the study committee considers to be superior to the common core standards.

AB40-ASA1,1314,9 c. A comparative evaluation of the costs to the state of adopting and implementing assessments developed by the Partnership for Assessment of Readiness for College and Careers and of adopting and implementing assessments developed by the Smarter Balanced Consortium and aligned to the common core standards.

AB40-ASA1,1314,10 (f) Procedure for adopting college and career readiness standards.

AB40-ASA1,1314,13 1. `Adoption of standards.' No later than July 1, 2014, and subject to subdivisions 2. and 3., the department of public instruction shall adopt college and career readiness standards that satisfy all of the following:

AB40-ASA1,1314,15 a. The standards meet national and international benchmarks for college and career readiness.

AB40-ASA1,1314,16 b. The standards are aligned with postsecondary educational expectations.

AB40-ASA1,1314,18 c. The standards fulfill the requirements established under 20 USC 7861 for the state to receive a waiver under 20 USC 7861.

AB40-ASA1,1314,21 2. `Standards may vary from common core standards.' The standards adopted under subdivision 1. may exceed, supplement, or supplant the common core standards, provided the standards satisfy the requirement under subdivision 1. c.

AB40-ASA1,1314,24 3. `Conditions precedent to adopting standards.' The department of public instruction may not adopt the standards under subdivision 1. until all of the following are satisfied:

AB40-ASA1,1315,3 a. The state superintendent of public instruction reviews and considers the department's evaluation of the common core standards submitted under paragraph (c).

AB40-ASA1,1315,6 b. The state superintendent of public instruction reviews and considers the fiscal impact estimate prepared by the legislative fiscal bureau as required under paragraph (d).

AB40-ASA1,1315,9 c. If a legislative study committee is established under paragraph (e), the state superintendent of public instruction reviews and considers the final report prepared by that committee.

AB40-ASA1,1315,12 d. The department conducts at least three public hearings regarding the adoption of college and career readiness standards at which the information described in this subdivision is presented and public testimony is received.

AB40-ASA1,1315,17 (3c) Preaccreditation for private schools accepting pupils who reside in school districts other than an eligible school district or a 1st class city school district. A private school that satisfies all of the following is exempt from the requirement obtain preaccreditation under section 118.60 (2) (a) 7. of the statutes, as affected by this act:

AB40-ASA1,1315,19 (a) The private school is a first-time participant in the program under section 118.60 of the statutes, as affected by this act, in the 2013-14 or 2014-15 school year.

AB40-ASA1,1316,2 (b) The private school is not accredited by Wisconsin North Central Association, Wisconsin Religious and Independent Schools Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation.

AB40-ASA1,1316,6 (c) The private school accepts pupils under the program under section 118.60 of the statutes, as affected by this act, who reside in a school district, other than an eligible school district, as defined under section 118.60 (1) (am) of the statutes, or a 1st class city school district.

AB40-ASA1,1316,9 (d) The private school does not accept pupils under the program under section 119.23 of the statutes, as affected by this act, and does not accept pupils under section 118.60 of the statutes, as affected by this act, who reside in an eligible school district.

AB40-ASA1,1316,13 (3i) Oral vocabulary assessment. In the 2014-15 school year, the department of public instruction shall conduct a pilot oral vocabulary assessment for pupils enrolled in second grade in public schools and charter schools established under section 118.40 (2r) of the statutes, as affected by this act.

AB40-ASA1,1316,14 (4L) Community programs and services.

AB40-ASA1,1316,15 (a) In this subsection:

AB40-ASA1,1316,17 1. "Community programs and services" means the programs and services described in section 120.13 (19) of the statutes.

AB40-ASA1,1316,18 2. "Department" means the department of public instruction.

AB40-ASA1,1316,24 (b) No school board may levy more for community programs and services in 2013 or 2014 than it levied for community programs and services in 2012. The school board of a 1st class city school district may not include in its budget communicated to the common council in 2013 or 2014 under section 119.16 (8) (b) of the statutes an amount for community programs or services that is greater than the amount so communicated in 2012.

AB40-ASA1,1317,6 (c) 1. Except as provided in subdivisions 2. and 3., a school board that intends to levy for community programs and services in 2013 or 2014 shall identify in its budget summary required to be included in the written report for the annual meeting under section 120.11 (3) of the statutes the expenditures that will be funded from that levy and a statement describing how the expenditures meet the department's criteria for use of the community service fund.

AB40-ASA1,1317,9 2. The school board of a unified school district shall specify in its written agenda for the meeting at which it will set the school district levy the information described in subdivision 1.

AB40-ASA1,1317,14 3. If the school board of a 1st class city school district intends to include an amount for community programs and services in its budget communicated in 2013 or 2014 to the common council under section 119.16 (8) (b) of the statutes, it shall specify in its written agenda for the meeting at which it will set that amount the information described in subdivision 1.

AB40-ASA1,1317,18 (d) 1. The school board shall post the information required to be included in its budget summary under paragraph (c) 1. or 3. for the 2013 levy or budget communication on its Internet site within 60 days of the effective date of this subdivision.

AB40-ASA1,1317,24 2. The school board shall submit the information required to be included in its budget summary or agenda under paragraph (c) for the 2013 and 2014 levy to the department within 10 days of the school district's annual meeting or, for a unified or 1st class city school district, within 10 days of the meeting at which it initially determined its levy or the amount to communicate to the common council under section 119.16 (8) (b) of the statutes.

AB40-ASA1,1318,2 3. The department shall post the information received under subdivision 2. on its Internet site within 10 days of receiving the information.

AB40-ASA1,1318,10 (e) If a school board modifies the amount to be levied or communicated to the common council for community programs and services in 2013 or 2014 after its annual meeting or, for a unified or 1st class city school district, after the meeting at which it initially determined its levy or amount to be communicated to the common council, the school board shall publish the updated information under paragraph (c) in the minutes of the school board meeting at which the modification was adopted. The school board and the department shall report the information as required under paragraph (d) 2. and 3.

AB40-ASA1,1318,13 (f) By December 1, 2014, the department shall submit a report to the joint committee on finance describing the school district levies for community programs and services in 2013 and 2014.

AB40-ASA1,1318,21 (5q) STEM grants. In the 2013-15 fiscal biennium, the department of public instruction shall award grants to school boards and charter schools established under section 118.40 (2r) of the statutes, as affected by this act, for the enhancement of science, technology, engineering, and mathematics courses. The department shall award grants under this subsection from the appropriation under section 20.255 (2) (ds) of the statutes, as created by this act. The department may not award a grant under this subsection unless the recipient provides matching funds equal to at least 25 percent of the amount of the grant.

AB40-ASA1,1318,23 (6q) Accreditation of private schools participating in a parental choice program.

AB40-ASA1,1319,13 (a) Notwithstanding sections 118.60 (7) (em) 1. and 119.23 (7) (em) 1. of the statutes, as created by this act, within 30 days after the effective date of this paragraph, the governing body of each private school participating in the program under section 118.60 or 119.23 of the statutes in the 2012-13 school year other than a private school described in paragraph (b) shall submit to the department of public instruction a letter prepared by Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, by any other organization recognized by the National Council for Private Schools Accreditation, or, for a private school to which section 119.23 (2) (a) 7. c. of the statutes applies, the Institute for the Transformation of Learning at Marquette University, that confirms that the private school is accredited by that entity as of the date of the letter.

AB40-ASA1,1319,15 (b) The following private schools do not need to comply with the requirement under paragraph (a):

AB40-ASA1,1319,19 1. A private school that was a first-time participant in the program under section 118.60 of the statutes or in the program under section 119.23 of the statutes in the 2012-13 school year and that had not participated in either program prior to the 2012-13 school year.

AB40-ASA1,1319,21 2. A private school that was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

AB40-ASA1,1320,3 3. A private school that has obtained preaccreditation as required under section 118.60 (2) (a) 7. of the statutes or section 119.23 (2) (a) 7. of the statutes, but has not yet started the 3rd school year that follows the first school year of participation in either the program under section 118.60 of the statutes or the program under section 119.23 of the statutes or in both of the programs under sections 118.60 and 119.23 of the statutes in which the private school was required to obtain preaccreditation.

AB40-ASA1,1320,8 (c) If a private school described in paragraph (a) fails to comply with the notification requirement under paragraph (a), the state superintendent of public instruction shall issue an order barring the private school's participation in the programs under sections 118.60 and 119.23 of the statutes beginning in the 2013-14 school year.

AB40-ASA1,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB40-ASA1,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

AB40-ASA1,9137 Section 9137. Nonstatutory provisions; Revenue.

AB40-ASA1,1320,18 (1i) Production plant retirements. The department of revenue, in conjunction with the public service commission, shall conduct a study regarding how to pay aid when production plants, or generating units within production plants, are decommissioned or retired. The department of revenue and the public service commission shall submit to the joint committee on finance a report that specifies the results of the study and recommendations for any statutory modifications no later than December 31, 2013.

AB40-ASA1,1321,5 (1L) Cigarette tax collection. The department of revenue shall study options for improving the cigarette tax collection system. For the purposes of conducting the study, the department of revenue shall evaluate statutory options to combat illegal cigarette trafficking, identify potential uses of information or stamp technology to prevent illegal cigarette trafficking and assess the costs and benefits of using such technology, and develop policy and legislative recommendations to enhance the state's efforts to combat illegal cigarette trafficking. In order to prepare the study, the department of revenue shall seek the participation of interested parties, including cigarette manufacturers, technology providers, wholesalers, and retailers. The department of revenue shall submit its findings to the governor no later than June 30, 2014.

AB40-ASA1,1321,6 (2L) Farmland preservation position transfer.

AB40-ASA1,1321,12 (a) During the 2013-15 fiscal biennium, the secretary of administration may transfer from the department of revenue to the department of agriculture, trade and consumer protection the number of FTE positions that the secretary determines are sufficient to administer the farmland preservation grant program under section 91.90 of the statutes, as created by this act, and the incumbent employees in those positions, and the moneys associated with those positions.

AB40-ASA1,1321,18 (b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection that they enjoyed in the department of revenue immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40-ASA1,1321,21 (c) Upon making a transfer under paragraph (a), the secretary shall report to the joint committee on finance the number of positions transferred and the affected appropriations for each department.

AB40-ASA1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB40-ASA1,1322,3 (1) Transfer of regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups.

AB40-ASA1,1322,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, including any unencumbered moneys from fees the department of safety and professional services has collected from charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, shall become the assets and liabilities of the department of financial institutions.

AB40-ASA1,1322,20 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions.

AB40-ASA1,1323,4 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of financial institutions to the extent allowed under the contract.

AB40-ASA1,1323,11 (d) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees who hold those positions, in the department of safety and professional services with duties that are primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, are transferred to the department of financial institutions.

AB40-ASA1,1323,17 (e) Employee status. Employees transferred under paragraph (d ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40-ASA1,1324,4 (f) Rules and orders. All rules promulgated by the department of safety and professional services that relate to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, that are in effect on the effective date of this paragraph, remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions. All orders issued by the department of safety and professional services relating to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions.

AB40-ASA1,1324,13 (g) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of charitable organizations, fund-raising counsel, professional fund-raisers, professional employer organizations, and professional employer groups, as determined by the secretary of administration, is transferred to the department of financial institutions and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of financial institutions.

AB40-ASA1,1324,18 (h) Fees. All fees for initial registrations and renewals of registrations under subchapter IV of chapter 440 of the statutes and under chapter 461 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of financial institutions under section 202.08 of the statutes, as created by this act.

AB40-ASA1,1325,4 (1i) Emergency rules for regulation of commercial bail bonds. Using the procedure under section 227.24 of the statutes, the department of safety and professional services may promulgate the rules required or otherwise authorized under sections 440.28 to 440.288 of the statutes, as created by this act, for the period before the permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection.

AB40-ASA1,1325,10 (2) Construction site erosion control. Any matter pending with the department of safety and professional services on the effective date of this subsection that primarily relates to its erosion control responsibilities under section 101.1206, 2011 stats., or section 101.653, 2011 stats., as determined by the secretary of administration, remains the responsibility of the department of safety and professional services.

AB40-ASA1,1325,11 (3) Regulation of dangerous materials.

AB40-ASA1,1325,17 (am) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are determined by the secretary of administration to relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB40-ASA1,1326,2 (b) Employee transfer. All incumbent employees who hold positions in the department of safety and professional services that the secretary of administration determines relate to the storage, use, and handling of flammable or combustible liquids or federally regulated hazardous substances under section 101.09, 2011 stats., are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph. The employees who are transferred under this paragraph shall include 2 employees whose duties include reviewing plans and petitions for variances relating to the storage of, handling, and use of flammable or combustible liquids and federally regulated hazardous substances.