7. Prohibits DNR from appealing a decision of a county to grant or deny a
variance to a law regulating county shoreland zoning.
This bill eliminates the changes to the law made by Act 55 so that the law is
consistent with pre-Act 55 law.
This bill changes the family income eligibility level to up to 133 percent of the
federal poverty line (FPL) for parents and caretaker relatives under BadgerCare
Plus (BC+) and for childless adults under BadgerCare Plus Core (BC+ Core).
Currently, the Department of Health Services (DHS) administers the Medical
Assistance (MA) program, which is a joint federal and state program that provides
health services to individuals who have limited financial resources. Some services
are provided through programs that operate under a waiver of federal Medicaid laws,
including services provided through the BC+ and BC+ Core programs.
Under current law, certain parents and caretaker relatives with incomes of not
more than 100 percent of the FPL, before a 5 percent income disregard is applied, are
eligible for BC+ benefits. Under current law, adults who are under age 65, who have
family incomes that do not exceed 100 percent of the FPL, before a 5 percent income
disregard is applied, and who are not otherwise eligible for MA, including BC+
(childless adults), are eligible for benefits under BC+ Core.
The federal Patient Protection and Affordable Care Act allows a state to receive
an enhanced federal medical assistance percentage (FMAP) payment for providing
benefits to certain individuals through a state's MA program. The bill expands the
income eligibility level for parents and caretaker relatives under BC+ and for
childless adults under BC+ Core. The bill requires DHS to comply with all federal

requirements and to request any amendment to the state MA plan, waiver of
Medicaid law, or other federal approval necessary to qualify for the highest available
enhanced FMAP for parents and caretaker relatives and childless adults eligible for
BC+ Core (collectively nonpregnant, nonelderly adults). If DHS does not qualify for
the enhanced FMAP or if the FMAP is reduced, DHS is required to submit to the
Joint Committee on Finance (JCF) a fiscal analysis comparing the cost of covering
nonpregnant, nonelderly adults under the MA program at up to 133 percent of the
FPL to the cost of limiting income eligibility to those adults to up to 100 percent of
the FPL. DHS may reduce income eligibility levels for nonpregnant, nonelderly
adults to up to 100 percent of the FPL only if JCF approves.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB861,1 1Section 1. 49.45 (23) (a) of the statutes is amended to read:
AB861,3,92 49.45 (23) (a) The department shall request a waiver from the secretary of the
3federal department of health and human services to permit the department to
4conduct a demonstration project to provide health care coverage to adults who are
5under the age of 65, who have family incomes not to exceed 100 133 percent of the
6poverty line before application of the 5 percent income disregard under 42 CFR
7435.603 (d)
, except as provided in s. 49.471 (4g), and who are not otherwise eligible
8for medical assistance under this subchapter, the Badger Care health care program
9under s. 49.665, or Medicare under 42 USC 1395 et seq.
AB861,2 10Section 2. 49.471 (1) (cr) of the statutes is created to read:
AB861,3,1211 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a
12federal medical assistance percentage described under 42 USC 1396d (y) or (z).
AB861,3 13Section 3. 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB861,4,3
149.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family
2income does not exceed 100 133 percent of the poverty line before application of the
35 percent income disregard under 42 CFR 435.603 (d)
.
AB861,4 4Section 4. 49.471 (4g) of the statutes is created to read:
AB861,4,125 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a)
6For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23),
7the department shall comply with all federal requirements to qualify for the highest
8available enhanced federal medical assistance percentage. The department shall
9submit any amendment to the state medical assistance plan, request for a waiver of
10federal Medicaid law, or other approval required by the federal government to
11provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and
12qualify for the highest available enhanced federal medical assistance percentage.
AB861,4,2313 (b) If the department does not qualify for an enhanced federal medical
14assistance percentage, or if the enhanced federal medical assistance percentage
15obtained by the department is lower than printed in federal law as of July 1, 2013,
16for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall
17submit to the joint committee on finance a fiscal analysis comparing the cost to
18maintain coverage for adults who are not pregnant and not elderly at up to 133
19percent of the poverty line to the cost of limiting eligibility to those adults with family
20incomes up to 100 percent of the poverty line. The department may reduce income
21eligibility for adults who are not pregnant and not elderly from up to 133 percent of
22the poverty line to up to 100 percent of the poverty line only if this reduction in income
23eligibility levels is approved by the joint committee on finance.
AB861,5 24Section 5. 59.692 (1) (bn) of the statutes, as affected by 2015 Wisconsin Act
2555
, is amended to read:
AB861,5,4
159.692 (1) (bn) "Shoreland setback area" means an area in a shoreland that is
2within a certain distance of the ordinary high-water mark in which the construction
3or placement of buildings or structures has been limited or prohibited under an
4ordinance enacted under this section.
AB861,6 5Section 6. 59.692 (1) (e) of the statutes, as created by 2015 Wisconsin Act 55,
6is repealed.
AB861,7 7Section 7. 59.692 (1c) of the statutes, as affected by 2015 Wisconsin Act 55, is
8renumbered 59.692 (1m).
AB861,8 9Section 8. 59.692 (1d) of the statutes, as created by 2015 Wisconsin Act 55, is
10repealed.
AB861,9 11Section 9. 59.692 (1f) of the statutes, as created by 2015 Wisconsin Act 55, is
12repealed.
AB861,10 13Section 10. 59.692 (1k) of the statutes, as created by 2015 Wisconsin Act 55,
14is repealed.
AB861,11 15Section 11. 59.692 (1t) of the statutes is created to read:
AB861,5,2116 59.692 (1t) (a) Restrictions that are applicable to damaged or destroyed
17nonconforming structures and that are contained in an ordinance enacted under this
18section may not prohibit the restoration of a nonconforming structure if the structure
19will be restored to the size, subject to par. (b), location and use that it had
20immediately before the damage or destruction occurred or impose any limits on the
21costs of the repair, reconstruction or improvement if all of the following apply:
AB861,5,2322 1. The nonconforming structure was damaged or destroyed after October 14,
231997.
AB861,5,2524 2. The damage or destruction was caused by violent wind, vandalism, fire,
25flood, ice, snow, mold, or infestation.
AB861,6,4
1(b) An ordinance enacted under this section to which par. (a) applies shall allow
2for the size of a structure to be larger than the size it was immediately before the
3damage or destruction if necessary for the structure to comply with applicable state
4or federal requirements.
AB861,12 5Section 12. 59.692 (2m) of the statutes, as affected by 2015 Wisconsin Act 55,
6is repealed and recreated to read:
AB861,6,77 59.692 (2m) (a) In this subsection:
AB861,6,108 1. "Development regulations" means the part of a shoreland zoning ordinance
9enacted under this section that applies to elements including setback, height, lot
10coverage, and side yard.
AB861,6,1411 2. "Nonconforming structure" means a dwelling or other building that existed
12lawfully before the current zoning ordinance was enacted or amended, but that does
13not conform with one or more of the development regulations in the current
14shoreland zoning ordinance.
AB861,6,1615 (b) A county may not enact, and a county, city, or village may not enforce, a
16provision in a county shoreland zoning ordinance that does any of the following:
AB861,6,2017 1. Regulates the location, maintenance, expansion, replacement, repair, or
18relocation of a nonconforming structure if that provision is more restrictive than the
19shoreland zoning standards for nonconforming structures promulgated by the
20department under this section.
AB861,6,2321 2. Regulates the construction of a structure or building on a substandard lot
22if that provision is more restrictive than the shoreland zoning standards for
23substandard lots promulgated by the department under this section.
AB861,13 24Section 13. 59.692 (4) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
25is amended to read:
AB861,7,6
159.692 (4) (b) Variances and appeals regarding shorelands within a county are
2for the board of adjustment for that county under s. 59.694, and the procedures of
3that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
4a decision of the county to grant or deny a variance under this section but may, upon
5the request of a county board of adjustment, issue an opinion on whether a variance
6should be granted or denied.
AB861,14 7Section 14. 59.692 (5m) of the statutes, as created by 2015 Wisconsin Act 55,
8is repealed.
AB861,15 9Section 15. 61.353 (3) (intro.) of the statutes, as affected by 2015 Wisconsin
10Act 55
, is amended to read:
AB861,7,1311 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
12and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
13and (1k) and shall
include at least all of the following provisions:
AB861,16 14Section 16. 61.353 (3) (cm) of the statutes is created to read:
AB861,7,1815 61.353 (3) (cm) 1. A provision requiring a person who owns shoreland property
16that contains vegetation to maintain that vegetation in a vegetative buffer zone
17along the entire shoreline of the property and extending 35 feet inland from the
18ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB861,7,2219 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
20or diseased vegetation, the owner of the shoreland property may remove the
21vegetation, except that if the owner removes all of the vegetation in the vegetative
22buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB861,17 23Section 17. 61.353 (3) (dm) of the statutes is created to read:
AB861,8,324 61.353 (3) (dm) A provision allowing a person who is required to maintain or
25establish a vegetative buffer zone under par. (cm) to remove all of the vegetation in

1a part of that zone in order to establish a viewing or access corridor that is no greater
2than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
3than 35 feet inland from the ordinary high-water mark.
AB861,18 4Section 18. 62.233 (3) (intro.) of the statutes, as affected by 2015 Wisconsin
5Act 55
, is amended to read:
AB861,8,86 62.233 (3) (intro.) A city ordinance enacted under this section shall accord and
7be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and
8(1k) and shall
include at least all of the following provisions:
AB861,19 9Section 19. 62.233 (3) (cm) of the statutes is created to read:
AB861,8,1310 62.233 (3) (cm) 1. A provision requiring a person who owns shoreland property
11that contains vegetation to maintain that vegetation in a vegetative buffer zone
12along the entire shoreline of the property and extending 35 feet inland from the
13ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB861,8,1714 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
15or diseased vegetation, the owner of the shoreland property may remove the
16vegetation, except that if the owner removes all of the vegetation in the vegetative
17buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB861,20 18Section 20. 62.233 (3) (dm) of the statutes is created to read:
AB861,8,2319 62.233 (3) (dm) A provision allowing a person who is required to maintain or
20establish a vegetative buffer zone under par. (cm) to remove all of the vegetation in
21a part of that zone in order to establish a viewing or access corridor that is no greater
22than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
23than 35 feet inland from the ordinary high-water mark.
AB861,21 24Section 21. 281.31 (2m) of the statutes, as affected by 2015 Wisconsin Act 55,
25is repealed and recreated to read:
AB861,9,6
1281.31 (2m) Notwithstanding any other provision of law or administrative
2rule, a shoreland zoning ordinance required under s. 59.692, a construction site
3erosion control and storm water management zoning ordinance authorized under s.
459.693, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s.
561.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if all of
6the following apply:
AB861,9,77 (a) The lands are not adjacent to a natural navigable stream or river.
AB861,9,98 (b) Those parts of the drainage ditches adjacent to these lands were
9nonnavigable streams before ditching.
AB861,9,1010 (c) The lands are maintained in nonstructural agricultural use.
AB861,22 11Section 22. Fiscal changes.
AB861,9,2012 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
13to the department of health services under section 20.435 (4) (b) of the statutes, as
14affected by the acts of 2015, the dollar amount for fiscal year 2015-16 is decreased
15by $102,900,000 to provide Medical Assistance to certain adults with incomes up to
16133 percent of the federal poverty line. In the schedule under section 20.005 (3) of
17the statutes for the appropriation to the department of health services under section
1820.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for
19fiscal year 2016-17 is decreased by $220,600,000 to provide Medical Assistance to
20certain adults with incomes up to 133 percent of the federal poverty line.
AB861,23 21Section 23. Effective date.
AB861,9,2422 (1) The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and
23(4g) takes effect on January 1, 2016, or on the day after publication, whichever is
24later.
AB861,9,2525 (End)
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