Amendment ASA1-AB40

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.

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.