Amendment ASA1-AB40

AB40-ASA1,1463,13 3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

AB40-ASA1,1463,16 (e) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

AB40-ASA1,1463,18 (3d) Federal fiscal year 2011 appropriations act funding for safe drinking water loan program projects.

AB40-ASA1,1464,3 (a) If this state receives moneys under P.L. 112-10 as a capitalization grant for drinking water state revolving loan funds under the federal Safe Drinking Water Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before December 31, 2013, for financial assistance to local governmental units, as defined in section 281.61 (1) (a) of the statutes, under section 281.61 of the statutes for projects eligible to receive financial assistance under that section. Notwithstanding section 281.59 (3s) (a) of the statutes, the department of administration may, until December 30, 2013, allocate amounts approved for the 2011-13 biennium under section 281.59 (3s) (b) 1. of the statutes for projects under this subsection.

AB40-ASA1,1464,13 (b) The department of natural resources and the department of administration shall provide additional subsidy under this subsection to local governmental units in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The department of natural resources and the department of administration shall provide additional subsidy to a local governmental unit in the form of forgiveness of part of the principal of a loan made to the local governmental unit, notwithstanding the limits in section 281.61 (2r) of the statutes on the methods that may be used to provide financial assistance. The department of natural resources may establish a percentage limit of the amount of the principal forgiveness available under this paragraph that may be received by any local governmental unit.

AB40-ASA1,1464,16 (c) The department of natural resources may establish a different deadline for submitting applications for financial assistance under this subsection than the deadline in section 281.61 (5) of the statutes.

AB40-ASA1,1464,19 (d) In selecting the projects to receive financial assistance under this subsection, and the terms of the financial assistance, the department of natural resources may consider any of the following:

AB40-ASA1,1464,21 1. The population of the local governmental unit in which a project would be located.

AB40-ASA1,1464,23 2. The median household income, as defined in section 281.58 (1) (cm) of the statutes, of the local governmental unit in which a project would be located.

AB40-ASA1,1465,3 3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

AB40-ASA1,1465,6 (e) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

AB40-ASA1,1465,7 (3f) Economic impact analyses for certain rules.

AB40-ASA1,1465,9 (a) In this subsection, "department" means the department of natural resources.

AB40-ASA1,1465,11 (b) The department shall prepare an economic impact analysis of all of the following:

AB40-ASA1,1465,12 1. Section NR 102.06, Wisconsin Administrative Code.

AB40-ASA1,1465,13 2. Subchapter III of chapter NR 217, Wisconsin Administrative Code.

AB40-ASA1,1465,14 3. Section NR 115, Wisconsin Administrative Code.

AB40-ASA1,1465,18 (c) The economic impact analyses prepared by the department under this subsection shall include the information specified in section 227.137 (3) of the statutes. The department may prepare a single combined analysis for the rules specified under paragraph (b) 1. and 2.

AB40-ASA1,1465,24 (d) The department shall submit the economic impact analyses required under this subsection on or before December 31, 2011, to the governor, to the department of administration, to the cochairpersons of the joint committee for review of administrative rules, and to the chief clerks of the assembly and senate for distribution to the chairpersons of the appropriate standing committees of the legislature.

AB40-ASA1,1466,8 (3q) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in the 2011-13 fiscal biennium, 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 utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

AB40-ASA1, s. 9136 Section 9136. Nonstatutory provisions; Public Defender Board.

AB40-ASA1, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.

AB40-ASA1,1466,17 (1) Student information system. The state superintendent of public instruction shall submit a plan for the expenditure of moneys appropriated under section 20.255 (1) (e) of the statutes, as created by this act, in the 2011-12 fiscal year to the governor for his or her approval. By October 1, 2011, the state superintendent and the governor shall submit the approved plan to the joint committee on finance for its approval. The state superintendent may not expend or encumber the moneys unless the joint committee on finance approves the plan.

AB40-ASA1,1466,18 (1u) Pupil assessments.

AB40-ASA1,1467,2 (a) Beginning in the 2014-15 school year, the department of public instruction shall replace the Wisconsin Knowledge and Concepts Examination with pupil assessments developed by the Smarter Balance Assessment Consortium or by an entity selected by the department through a request for proposals process. The new assessments shall be standards-based; measure mastery of the common core standards; be designed so as to begin the transition to online testing; and allow for the results of multiple-choice questions to be provided within one week and the results of open-ended questions to be provided within 6 weeks, or as soon as practicable.

AB40-ASA1,1467,7 (b) By January 1, 2012, and by January 1, 2013, the department of public instruction shall report to the cochairpersons of the joint committee on finance on the progress of the transition from the current pupil assessment system to the new pupil assessment system. The department shall ensure that a stand-alone field test of new assessment items is conducted no later than the spring of 2014.

AB40-ASA1,1467,11 (2) Special adjustment aids. Notwithstanding section 121.105 (2) of the statutes, for state aid distributed in the 2011-12 school year, the department of public instruction shall calculate the aid adjustment under that section using 90 percent instead of 85 percent in section 121.105 (2) (am) 1. and 2. of the statutes.

AB40-ASA1,1467,12 (3q) Low revenue adjustment aid.

AB40-ASA1,1467,19 (a) Except as provided in paragraph (b) and subject to paragraph (c), in the 2011-12 school year, from the appropriation under section 20.255 (2) (ar) of the statutes, as created by this act, the department of public instruction shall pay to each school district in which the school district's per pupil revenue under section 121.905 (4) (a) of the statutes is greater than the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, an amount determined as follows:

AB40-ASA1,1468,3 1. For a school district in which the difference between the school district's per pupil revenue under section 121.905 (4) (a) of the statutes and the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, is $100, an amount determined by multiplying $40 by the average of the number of pupils enrolled in the school district in the 2009-10, 2010-11, and 2011-12 school years. For the purpose of calculating eligibility for aid under this subdivision, if the school district's base revenue per member, as determined under section 121.905 of the statutes, is less than $8,900, the department of public instruction shall set the base revenue per member at $8,900.

AB40-ASA1,1468,11 2. For a school district in which the difference between the school district's per pupil revenue under section 121.905 (4) (a) of the statutes and the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, is less than $100, an amount determined as provided in subdivision 3. For the purpose of calculating eligibility for aid under this subdivision and calculating aid under subdivision 3., if the school district's base revenue per member, as determined under section 121.905 of the statutes, is less than $8,900, the department of public instruction shall set the base revenue per member at $8,900.

AB40-ASA1,1468,14 3. a. Subtract the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, from the school district's per pupil revenue under section 121.905 (4) (a) of the statutes.

AB40-ASA1,1468,15 b. Multiply the difference determined under subdivision 3. a. by 0.4.

AB40-ASA1,1468,18 c. Multiply the product under subdivision 3. b. by the average of the number of pupils enrolled in the school district in the 2009-10, 2010-11, and 2011-12 school years.

AB40-ASA1,1468,21 (b) If a school district's per pupil revenue under section 121.905 (4) (a) of the statutes is less than $8,900, the school district may not receive aid under this subsection.

AB40-ASA1,1468,25 (c) 1. When considering under this subsection the school district's per pupil revenue under section 121.905 (4) (a) of the statutes, the department of public instruction shall not consider any adjustments under section 121.91 (3) or (4) of the statutes.

AB40-ASA1,1469,4 2. If the appropriation under section 20.255 (2) (ar) of the statutes, as created by this act, is insufficient to pay the full amount of aid for which school districts are eligible under this subsection, the department of public instruction shall prorate the aid payments under this subsection among all eligible school districts.

AB40-ASA1,1469,5 (3r) Per pupil adjustment aid.

AB40-ASA1,1469,15 (a) In the 2012-13 school year, from the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, the department of public instruction shall pay to each school district that, in the fall of 2012, certifies the maximum amount allowed to be levied under section 121.905 of the statutes, as affected by this act, or 121.91 (2m) of the statutes, as affected by this act, an amount equal to $50 multiplied by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years. When considering under this paragraph whether a school district certified the maximum amount allowed to be levied, the department of public instruction shall not consider any increase under section 121.91 (4) (d) of the statutes.

AB40-ASA1,1469,19 (b) 1. Subject to paragraph (c), in the 2012-13 school year, from the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, the department of public instruction shall pay the amount determined under subdivision 2. to each school district to which all of the following apply:

AB40-ASA1,1469,25 a. In the fall of 2012, the school district certifies less than the maximum amount allowed to be levied under section 121.905 of the statutes, as affected by this act, or section 121.91 (2m) of the statutes, as affected by this act. When considering under this subdivision whether a school district certified the maximum amount allowed to be levied, the department of public instruction shall not consider any increase under section 121.91 (4) (d) of the statutes.

AB40-ASA1,1470,6 b. The quotient determined by dividing the difference between the maximum amount allowed to be levied by the school district in the 2012-13 school year under section 121.905 of the statutes, as affected by this act, or section 121.91 of the statutes, as affected by this act, and the actual amount certified by the school district in the fall of 2012, by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years is less than $50.

AB40-ASA1,1470,12 2. a. Divide the difference between the maximum amount allowed to be levied by the school district in the 2012-13 school year under section 121.905 of the statutes, as affected by this act, or section 121.91 of the statutes, as affected by this act, and the actual amount certified by the school district in the fall of 2012, by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years.

AB40-ASA1,1470,13 b. Subtract the amount determined under subdivision 2. a. from $50.

AB40-ASA1,1470,16 c. Multiply the difference determined in subdivision 2. b. by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years.

AB40-ASA1,1470,20 (c) If the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, is insufficient to pay the full amount of aid for which school districts are eligible under this subsection, the department of public instruction shall prorate the aid payments under this subsection among all eligible school districts.

AB40-ASA1, s. 9138 Section 9138. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB40-ASA1, s. 9139 Section 9139. Nonstatutory provisions; Public Service Commission.

AB40-ASA1, s. 9140 Section 9140. Nonstatutory provisions; Regulation and Licensing.

AB40-ASA1,1471,9 (1) Rules and orders. All rules promulgated by the department of regulation and licensing that relate to the licensure of real estate brokers and salespersons or the registration of time-share salespersons that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until amended or repealed by the real estate examining board. All orders issued by the department of regulation and licensing relating to such licensure or registration that are in effect on the effective date of this subsection remain in effect until their specified expiration dates or until modified or rescinded by the real estate examining board.

AB40-ASA1,1471,17 (2) Pending matters. Any matter pending with the department of regulation and licensing on the effective date of this subsection that is primarily related to the licensure of real estate brokers and salespersons or the registration of time-share salespersons, as determined by the secretary of regulation and licensing, is transferred to the real estate examining board, and all materials submitted to or actions taken by the department of regulation and licensing with respect to the pending matters are considered as having been submitted to or taken by the real estate examining board.

AB40-ASA1,1471,25 (3) Contracts. All contracts entered into by the department of regulation and licensing in effect on the effective date of this subsection that are primarily related to licensure of real estate brokers and salespersons or the registration of time-share salespersons, as determined by the secretary of regulation and licensing, remain in effect and are transferred to the real estate examining board. The real estate examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the real estate examining board to the extent allowed under the contract.

AB40-ASA1,1472,3 (4) Initial appointments. Notwithstanding the lengths of terms specified in section 15.405 (11m) of the statutes, as created by this act, the initial members of the real estate examining board shall be appointed for the following terms:

AB40-ASA1,1472,5 (a) One real estate broker or salesperson licensed under chapter 452 of the statutes and one public member, for terms expiring on July 1, 2012.

AB40-ASA1,1472,7 (b) One licensed real estate broker or salesperson licensed under chapter 452 of the statutes and one public member, for terms expiring on July 1, 2013.

AB40-ASA1,1472,9 (c) Three licensed real estate brokers or salespersons licensed under chapter 452 of the statutes, for terms expiring on July 1, 2014.

AB40-ASA1,1472,21 (5c) Bail bond surety corporation and agent licensing; rules. Using the procedure under section 227.24 of the statutes, the department of safety and professional services shall promulgate rules required under section 440.9995 of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 440.9995 of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c), subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of safety and professional services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1, s. 9141 Section 9141. Nonstatutory provisions; Revenue.

AB40-ASA1, s. 9141m Section 9141m. 1Nonstatutory provisions; Safety and Professional Services.

AB40-ASA1,1473,12 (1q) Rules for private sewage system grants. Using the procedure under section 227.24 of the statutes, the department of safety and professional services shall promulgate the rules to implement section 145.245 of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 145.245 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and(3) of the statutes, the department of safety and professional services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1, s. 9142 Section 9142. Nonstatutory provisions; Secretary of State.

AB40-ASA1,1473,15 (1) Transfer of trademark and notary functions to the department of financial institutions; transitional provisions.

AB40-ASA1,1473,16 (a) Definitions. In this subsection:

AB40-ASA1,1473,17 1. "Department" means the department of financial institutions.

AB40-ASA1,1473,18 2. "Office" means the office of the secretary of state.

AB40-ASA1,1473,21 3. "Relating to the office's trademark or notary functions" means relating to the office's functions and duties under section 137.01, 2009 stats., or chapter 132, 2009 stats.

AB40-ASA1,1473,24 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office relating to the office's trademark or notary functions shall become the assets and liabilities of the department.

AB40-ASA1,1473,25 (c) Staff.

AB40-ASA1,1474,4 1. On the effective date of this subdivision, 1.0 FTE PR position relating to the office's trademark or notary functions and the incumbent employee, identified by the secretary of administration, holding that position in the office are transferred to the department.

AB40-ASA1,1474,10 2. The employee transferred under subdivision 1 . to the division has all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the division that he or she enjoyed in the office immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, the employee so transferred who has attained permanent status in class is not required to serve a probationary period.

AB40-ASA1,1474,13 3. On the effective date of this subdivision, the remaining 1.0 FTE PR position of the office relating to the office's trademark or notary functions not transferred under subdivision 1. is deauthorized.

AB40-ASA1,1474,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office relating to the office's trademark or notary functions is transferred to the department.

AB40-ASA1,1474,21 (e) Contracts. All contracts entered into by the office, in effect on the effective date of this paragraph, relating to the office's trademark or notary functions remain in effect and are transferred to the department. The department shall carry out any obligations under such a contract until the contract is modified or rescinded by the department to the extent allowed under the contract.

AB40-ASA1,1474,22 (f) Rules and orders.

AB40-ASA1,1475,2 1. All rules promulgated by the office relating to the office's trademark or notary functions that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department.

AB40-ASA1,1475,6 2. All orders issued by the office relating to the office's trademark or notary functions that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department.

AB40-ASA1,1475,11 (g) Pending matters. Any matter relating to the office's trademark or notary functions pending with the office on the effective date of this paragraph is transferred to the department, and all materials submitted to or actions taken by the office with respect to the pending matter are considered as having been submitted to or taken by the department.

AB40-ASA1,1475,16 (h) Department of administration to arbitrate disputes. In the case of disagreement between the secretary of financial institutions and the secretary of state with respect to any matter specified in paragraph (c), (d ), (e), (f), or (g), the department of administration shall determine the matter and shall develop a plan for an orderly transfer.

AB40-ASA1,1475,18 (2) Transfer of administrative services functions to department of administration.

AB40-ASA1,1475,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the secretary of state that are primarily related to administrative services, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40-ASA1,1476,2 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the secretary of state that are primarily related to administrative services, as determined by the secretary of administration, shall become the tangible personal property of the department of administration.

AB40-ASA1,1476,9 (c) Contracts. All contracts entered into by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40-ASA1,1476,18 (d) Rules and orders. All rules promulgated by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the office of the secretary of state in effect on the effective date of this paragraph that are primarily related to administrative services, as determined by the secretary of administration, remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB40-ASA1,1476,24 (e) Pending matters. Any matter pending with the office of the secretary of state on the effective date of this paragraph that is primarily related to administrative services, as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the office of the secretary of state with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40-ASA1, s. 9143 Section 9143. Nonstatutory provisions; State Employment Relations, Office of.

AB40-ASA1,1477,2 (2q) Health insurance options.

AB40-ASA1,1477,4 (a) The director of the office of state employment relations and the secretary of employee trust funds shall study the feasibility of all of the following:

AB40-ASA1,1477,9 1. Offering to employees eligible to receive health care coverage under subchapter IV of chapter 40 of the statutes, beginning on January 1, 2013, the options of receiving health care coverage through either a low-cost health care coverage plan or through a high-deductible health plan and the establishment of a health savings account, as described in 26 USC 223.

AB40-ASA1,1477,12 2. Implementing a 3-level health insurance premium cost structure that would establish separate premium levels for single individuals, married couples with no dependents, and families with dependents.