Amendment ASA1-AB40

AB40-ASA1,1300,2 4. "Plan" means the Health Insurance Risk-Sharing Plan under subchapter II of chapter 149 of the statutes.

AB40-ASA1,1300,3 (b) Time-limited guaranteed issue.

AB40-ASA1,1300,6 1. An insurer offering a Medicare supplement policy or a Medicare replacement policy in this state shall provide coverage under the policy to any individual who satisfies all of the following:

AB40-ASA1,1300,7 a. The individual is eligible for Medicare.

AB40-ASA1,1300,8 b. The individual had coverage under the plan.

AB40-ASA1,1300,10 c. The individual's coverage under the plan terminated on the date specified in subsection (1L) (b) 1. b.

AB40-ASA1,1300,12 d. The individual applies for coverage under the policy before the date that is 63 days after the date specified in subsection (1L) (b) 1. b.

AB40-ASA1,1300,13 e. The individual pays the premium for the coverage under the policy.

AB40-ASA1,1300,16 2. An insurer under subdivision 1. may not deny coverage to any individual who satisfies the criteria under subdivision 1. a. to e. on the basis of health status, receipt of health care, claims experience, or medical condition, including disability.

AB40-ASA1,1300,22 (c) Notice of requirement. In addition to the requirement under subsection (1L) (b) 1. b. to provide notice to the insurers described in paragraph (b) 1. of the date on which coverage under the plan terminates, within 60 days after the effective date of this paragraph the Health Insurance Risk-Sharing Plan Authority under subchapter III of chapter 149 of the statutes shall provide notice to the insurers described in paragraph (b) 1. of the requirement under this subsection.

AB40-ASA1,9123 Section 9123. Nonstatutory provisions; Investment Board.

AB40-ASA1,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

AB40-ASA1,1301,14 (1L) Out-of-home care for youths with individualized education programs. Of the amounts appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes, $945,700 is allocated in fiscal year 2014-15 to supplement the appropriation accounts under sections 20.410 (3) (cd) and 20.437 (1) (b), (cx), and (dd) of the statutes for the purpose of providing funding for the out-of-home care of persons who are 18 years of age or older, but under 21 years of age, who were in out-of-home care prior to attaining 18 years of age, who are full-time students in good academic standing at a secondary school or its vocational or technical equivalent, and for whom an individualized education program under section 115.787 of the statutes is in effect. The joint committee on finance may supplement those appropriation accounts from that allocation if legislation is enacted authorizing those persons to continue in out-of-home care under an order of the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes or under a voluntary agreement.

AB40-ASA1,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

AB40-ASA1,9126 Section 9126. Nonstatutory provisions; Justice.

AB40-ASA1,1301,17 (1) Biological specimen; legislative study and rules.

AB40-ASA1,1301,22 (am) Joint legislative council study. The joint legislative council is requested to review all misdemeanor and felony provisions in statutes to determine if penalties are appropriate and if violations are outdated. The joint legislative council shall report any findings, conclusions, and recommendations by February 1, 2014, to the chief clerk of the senate and the chief clerk of the assembly.

AB40-ASA1,1302,2 (b) Rules. The department of justice may, in rules it promulgates under section 165.76 of the statutes, as affected by this act, bring the method to obtain or to submit a biological specimen in conformity with the act of Congress known as the Katie Sepich Enhanced DNA Collection Act of 2012 (HR-6014) to apply for nonsupplanting grant funding under that act.

AB40-ASA1,1302,3 (2) Youth diversion grant reductions.

AB40-ASA1,1302,7 (a) Notwithstanding the amount specified under section 165.987 (1) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (1) of the statutes, as affected by this act, by $85,900 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,1302,11 (b) Notwithstanding the amount specified under section 165.987 (2) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (2) of the statutes, as affected by this act, by $18,400 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,1302,19 (c) Notwithstanding the amounts specified under section 165.987 (3) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.455 (2) (cr) and (kj) of the statutes, as affected by this act, by $25,650 in each of fiscal years 2013-14 and 2014-15 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.455 (2) (kj) of the statutes, as affected by this act, by $18,100 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,9127 Section 9127. Nonstatutory provisions; Legislature.

AB40-ASA1,1303,2 (1i) Rural schools task force. The joint legislative council is requested to establish a rural schools task force by August 1, 2013, to identify funding challenges faced by rural school districts, particularly with respect to transportation and technology issues. If established, the task force shall develop a long-term plan to address these issues, especially in the context of declining enrollments, and an aging population, and submit a report to the joint legislative council by April 1, 2014.

AB40-ASA1,1303,4 (1q) Statements of scope of proposed rules published prior to effective date of 2011 Wisconsin Act 21.

AB40-ASA1,1303,12 (a) Notwithstanding section 227.14 (4m) of the statutes, as affected by this act, if an agency's statement of the scope of a proposed rule under section 227.135 of the statutes was published in the Wisconsin Administrative Register prior to June 8, 2011, the notice required under section 227.14 (4m) of the statutes, as affected by this act, need not include an identifying number for the statement of scope for the proposed rule or the date of approval of the statement of scope for the proposed rule by the individual or body with policy-making powers over the subject matter of the proposed rule under section 227.135 (2) of the statutes.

AB40-ASA1,1303,19 (b) Notwithstanding section 227.19 (2) of the statutes, as affected by this act, if an agency's statement of the scope of a proposed rule under section 227.135 of the statutes was published in the Wisconsin Administrative Register prior to June 8, 2011, the agency shall include in its notice under section 227.19 (2) of the statutes, as affected by this act, a statement of the date and issue number of the the register in which the statement of scope for the proposed rule was published, in lieu of a statement of the governor's date of approval of the proposed rule.

AB40-ASA1,1303,25 (1r) Refunds for advance payments for printed Wisconsin administrative code and register. Notwithstanding section 35.93 (7), 2011 stats., upon request, the department of administration shall refund to any person the pro rata share of any advance payment made by that person for printed copies of the Wisconsin administrative code or Wisconsin administrative register that were to be delivered to the person on or after the effective date of this subsection.

AB40-ASA1,1304,8 (1z) Joint legislative council study on the use of global positioning systems and electronic monitoring. The joint legislative council is requested to conduct a study on the effective and efficient use of global positioning systems and electronic monitoring technology for correctional purposes and for monitoring persons subject to a temporary restraining order or injunction under s. 813.12 or 813.125. If the joint legislative council conducts the study, it shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by June 30, 2015.

AB40-ASA1,1304,14 (2q) Legislative audit bureau analysis related to department of transportation engineering consultants. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct an analysis of the processes used by the department of transportation for the selection of consultants for transportation engineering services, the oversight of consultant work, and the payment of consultants for services.

AB40-ASA1,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

AB40-ASA1,9129 Section 9129. Nonstatutory provisions; Local Government.

AB40-ASA1,1304,21 (1e) Crime prevention funding board. Upon the creation of a crime prevention funding board, the initial members of the board specified under section 59.54 (28) (c) of the statutes, as created by this act, shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

AB40-ASA1,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

AB40-ASA1,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB40-ASA1,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB40-ASA1,1305,5 (1c) Environmental repair fee. Notwithstanding section 25.46 (7) of the statutes, of the fees imposed under section 289.67 of the statutes that are allocated under section 25.46 (7) of the statutes for environmental management, $650,000 in fiscal year 2013-14 and $1,300,000 in fiscal year 2014-15 are instead allocated for nonpoint source water pollution abatement.

AB40-ASA1,1305,10 (1L) Report concerning natural minor sources. No later than March 1, 2015, the department of natural resources shall submit a report to the joint committee on finance and to the standing committees of the assembly and senate with jurisdiction over environmental matters on the progress that the department has made in implementing section 285.60 (6) (c) 1. of the statutes, as created by this act.

AB40-ASA1,1305,20 (2) Bonus deer hunting permit fee rules. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.040 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. 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 a rule promulgated under this subsection.

AB40-ASA1,1306,2 (2i) Payments to certain towns. In fiscal year 2013-14, the secretary of natural resources shall distribute $2,500,000 from the appropriation account under section 20.370 (1) (mv) of the statutes, as affected by this act, to towns that were eligible to receive national forest income payments under section 59.25 (3) (rm), 2011 stats., during the 2012-13 fiscal year. The secretary shall distribute the moneys to the towns according to the criteria required for the distribution of national forest income payments under section 59.25 (3) (rm), 2011 stats.

AB40-ASA1,1306,13 (3) Deer management assistance program. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.020 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB40-ASA1,1306,24 (3e) Walleye production grants and contracts. The department of natural resources may promulgate emergency rules under section 227.24 of the statutes implementing sections 29.739 and 29.740 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection 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, 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 a rule promulgated under this subsection.

AB40-ASA1,1307,5 (3i) MacKenzie Environmental Education Center. The department of natural resources shall expend $239,000 in fiscal year 2013-14 from the appropriation account under section 20.370 (9) (mu) of the statutes for the continuation of school-based environmental education services at the MacKenzie Environmental Education Center from August 15, 2013, to August 15, 2014.

AB40-ASA1,1307,9 (4c) Fish hatchery infrastructure project. Not later than June 30, 2014, the department of natural resources shall submit a report to the joint committee on finance that describes the need for renovation of the Kettle Moraine Springs fish hatchery. The report shall include all of the following:

AB40-ASA1,1307,12 (a) A statement about whether private aquaculture facilities or other entities are able to meet the department's fish stocking needs in an economically feasible manner.

AB40-ASA1,1307,15 (b) A description of all proposed expenditures for the renovation of the Kettle Moraine Springs fish hatchery and how those expenditures minimize the requirement to contract state debt.

AB40-ASA1,1307,16 (4d) Sporting heritage grants.

AB40-ASA1,1307,21 (a) In addition to the requirements under section 29.605 (3) of the statutes, as created by this act, a nonprofit organization is eligible to receive a grant under section 29.605 (1) of the statutes, as created by this act, during fiscal biennium 2013-15 only if the nonprofit organization submits an application to the department of natural resources within 30 days after the effective date of this paragraph.

AB40-ASA1,1308,2 (b) 1. There is created a committee to review grant applications submitted to the department of natural resources under section 29.605 of the statutes, as created by this act, in fiscal year 2013-14 and to submit a recommendation to the secretary of natural resources on which applicant should receive the grant. The committee shall consist of the following members:

AB40-ASA1,1308,4 a. Three members appointed by the chairperson of the sporting heritage council.

AB40-ASA1,1308,6 b. The chairperson of the standing committee of the assembly with jurisdiction over natural resources matters.

AB40-ASA1,1308,8 c. The chairperson of the standing committee of the senate with jurisdiction over natural resources matters.

AB40-ASA1,1308,12 2. The committee shall submit its recommendation to the secretary of natural resources as required under subdivision 1. not later than 50 days after the effective date of this subdivision. The committee terminates upon submission of that recommendation.

AB40-ASA1,1308,15 3. The department of natural resources shall award the grant under section 29.605 of the statutes, as created by this act, for fiscal biennium 2013-15 not later than 60 days after the effective date of this subdivision.

AB40-ASA1,1308,16 (4e) Milwaukee shoreline.

AB40-ASA1,1308,17 (a) The state declares all of the following:

AB40-ASA1,1308,24 1. That if any part of the shoreline established under section 30.2038 of the statutes, as created by this act, is located on any part of the lake bed of Lake Michigan, the ceding of that lake bed by the city of Milwaukee to a private party under the agreement described in section 30.2038 (1) (a) of the statutes, as created by this act, was necessary to foster the public purposes for which the lake bed was ceded to the city of Milwaukee, as affirmed by the Wisconsin supreme court in City of Milwaukee v. State of Wisconsin, 193 Wis. 423 (1927).

AB40-ASA1,1309,6 2. That the public purposes for which the lake bed was ceded as described in subdivision 1. were to construct a park and boulevard, to establish and maintain breakwaters, bulkheads, piers, wharves, warehouses, transfer sheds, railway tracks, airports, and other harbor facilities, and for other purposes that are not inconsistent with the improvement of navigation and fisheries in Lake Michigan and its tributaries and determined by the city of Milwaukee to be expedient.

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.