AB75-ASA1-AA122,75,13
8324. Page 1611, line 25: after "insured." insert "If an insured brings a civil
9action against an insurer relating to a preexisting condition exclusion denial
10determination or a rescission with respect to which an independent review
11organization has issued a decision, the decision of the independent review
12organization is presumed to be correct and the insured has the burden of rebutting
13the presumption.".
AB75-ASA1-AA122,75,1916
632.835
(7) (c) An insurer is not liable for punitive damages for actions taken
17in compliance with any decision rendered by a certified independent review
18organization under this section relating to a preexisting condition exclusion denial
19determination or a rescission.".
AB75-ASA1-AA122,76,64
799.41
(2) If the eviction seeks to remove a tenant whose tenancy is terminated
5as the result of a foreclosure judgment and sale under s. 708.02, the complaint shall
6identify the action as an eviction of the tenant due to a foreclosure action.".
AB75-ASA1-AA122,76,1311
802.03
(9) Foreclosure. In an action for foreclosure of real property, the
12complaint may not name a tenant of residential real property as a defendant unless
13the tenant has a lien or ownership interest in the real property.".
AB75-ASA1-AA122,76,2319
846.35
(6) Penalties. If a plaintiff fails to provide a notice under par. (a) in
20accordance with pars. (a) and (b),
or fails to comply with sub. (5), the court shall
21award the tenant to whom the notice should have been given
or who should not have
22named as a defendant $250 in damages, plus reasonable attorney fees. A tenant may
23not recover under this paragraph for more than one notice violation.
AB75-ASA1-AA122,77,64
846.35
(5) Tenant not named in complaint. In an action for foreclosure of
5residential real property, the complaint may not name a tenant as a defendant unless
6the tenant has a lien or ownership interest in the real property.".
AB75-ASA1-AA122,77,16
15"
Section 3391c. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin
16Act .... (this act), is repealed and recreated to read:
AB75-ASA1-AA122,77,1917
973.045
(2m) (a) The secretary of administration shall credit to the
18appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime
19victim and witness surcharge.
AB75-ASA1-AA122,77,2320
(b) The secretary of administration shall credit to the appropriation account
21under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part
22of part B of the crime victim and witness surcharge that remains after the secretary
23of administration complies with par. (a).".
AB75-ASA1-AA122,78,5
2"(b) If the attorney general transfers moneys under s. 165.03 (1) for retention
3pay in a fiscal year, the state public defender shall, from the appropriation under s.
420.550 (1) (kb), pay each individual who is a full-time equivalent assistant state
5public".
AB75-ASA1-AA122,78,11
8"2. If the attorney general transfers moneys under s. 165.03 (1) for retention
9pay in a fiscal year, the secretary of administration shall, from the appropriation
10under s. 20.475 (1) (kb) and subject to sub. (5) (c), pay each individual who is a
11full-time equivalent".
AB75-ASA1-AA122,78,20
18"
2m. "Federal economic stimulus funds" means federal moneys received by the
19state, pursuant to federal legislation enacted during the 111th Congress for the
20purpose of reviving the economy of the United States.".
AB75-ASA1-AA122,79,2
22"
3m. "Stimulus portion" means the portion of moneys received under
42 USC
236861 to
6873 and
42 USC 8621 to
8629 in a fiscal year that is attributable to, as
1determined by the secretary of administration, the federal economic stimulus funds
2received in that fiscal year.".
AB75-ASA1-AA122,79,8
4"
(cm) Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining
5the amount of the low-income assistance fee for fiscal years 2009-10, 2010-11, and
62011-12, the stimulus portion received in the fiscal year shall be deducted from the
7sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that
8fiscal year.
AB75-ASA1-AA122,79,12
9(dm) In fiscal years 2009-10, 2010-11, and 2011-12, in determining whether
10the amount required under section 16.957 (2) (a) of the statutes, as affected by this
11act, is spent for weatherization or other energy conservation services, the amount of
12the stimulus portion spent for those purposes shall not be considered.".
AB75-ASA1-AA122,79,18
14"
(13f) Restorative justice grant. From the appropriation to the department
15of administration under section 20.505 (6) (br), as created by this act, the office of
16justice assistance shall award $50,000 to Restorative Justice Programs, Inc., in the
17first fiscal year of the fiscal biennium in which this subsection takes effect for
18restorative justice programs.".
AB75-ASA1-AA122,80,2
20"
(1f) Soil and water management funding. Notwithstanding section 16.42 (1)
21(e) of the statutes, in submitting information under section 16.42 of the statutes for
22the purposes of the 2011-13 biennial budget bill, the department of agriculture,
23trade and consumer protection shall submit information concerning the
24appropriation under section 20.115 (7) (qf) of the statutes as though the amount
1appropriated for the 2010-11 fiscal year had been $308,000 more than was actually
2appropriated.".
AB75-ASA1-AA122,80,14
14"
(7u) Racine child care pilot program.
AB75-ASA1-AA122,80,22
15(a) Grant. From the appropriation account under section 20.437 (2) (fm) of the
16statutes, as created by this act, the department of children and families shall provide
17a grant of $128,500 in each of fiscal years 2009-10 and 2010-11 to a day care center
18in Racine County that meets the qualifications specified in paragraph (b). The day
19care center shall use the moneys to supplement the salaries of its staff members who
20provide care and supervision for children and who hold not less than an associate
21degree in early childhood education or child care so that those staff members are paid
22not less than $12.50 per hour.
AB75-ASA1-AA122,81,2
1(b) Qualifications. A day care center is qualified to receive a grant under
2paragraph (a) if the day care center satisfies all of the following qualifications:
AB75-ASA1-AA122,81,5
31. Not less than 80 percent of the children receiving care and supervision from
4the day care center have family incomes that do not exceed 150 percent of the poverty
5line, as defined in section 49.001 (5) of the statutes.
AB75-ASA1-AA122,81,8
62. Not less than 50 percent of the staff members of the day care center who
7provide care and supervision for children have been awarded the Child Development
8Associate Credential from the Council for Professional Recognition.
AB75-ASA1-AA122,81,12
93. The day care center has a favorable rating on the Early Childhood
10Environment Rating Scale-Revised Edition (Harms, Cryer, and Clifford 1998) or the
11Infant/Toddler Environment Rating Scale-Revised Edition (Harms, Cryer, and
12Clifford 2006).
AB75-ASA1-AA122,81,14
134. The day care center employs a staff member to oversee curriculum
14development.
AB75-ASA1-AA122,81,15
155. The day care center funds the provision of lesson plan supplies.
AB75-ASA1-AA122,81,19
166. The day care center employs a staff member to provide family support for the
17families of children receiving care and supervision from the day care center,
18including referrals to agencies providing services for families, emergency funds,
19parent education, and crisis management.
AB75-ASA1-AA122,81,21
207. The day care center provides developmental assessments of the children
21receiving care and supervision from the day care center.
AB75-ASA1-AA122,81,24
228. The day care center provides programming to support the social and
23emotional growth and development of the children receiving care and supervision
24from the day care center.
AB75-ASA1-AA122,82,5
19. The day care center has committed no, or only minor, violations of the
2statutes, rules promulgated by the department of children and families under
3section 48.67 of the statutes, as affected by this act, or provisions of licensure under
4section 48.70 (1) of the statutes, as determined by the department of children and
5families.
AB75-ASA1-AA122,82,7
610. The day care center provides benefits, such as vacation pay, sick leave,
7personal leave, and health insurance, for its staff members.
AB75-ASA1-AA122,82,15
8(c) Evaluation. After the pilot program under this subsection has been in
9operation for 2 years, the department of children and families shall evaluate the pilot
10program to determine whether the increased compensation provided under the pilot
11program has been effective in improving staff retention and the quality of the child
12care provided at the day care center participating in the program. By December 1,
132011, the department shall submit a report of its evaluation to the governor and to
14the appropriate standing committees of the legislature in the manner provided in
15section 13.172 (3) of the statutes.".
AB75-ASA1-AA122,82,23
17"(17q)
Grant to Pleasant Prairie Technology Incubator Center. In the
182011-13 fiscal biennium, but not later than July 31, 2011, from the appropriation
19under section 20.143 (1) (c) of the statutes, as affected by this act, the department of
20commerce shall award to Pleasant Prairie Technology Incubator Center a grant of
21$700,000, if Pleasant Prairie Technology Incubator Center obtains at least an
22additional $700,000 in funding from sources other than the state and enters into a
23written agreement with the department of commerce that does all of the following:
AB75-ASA1-AA122,83,2
1(a) Specifies conditions for the use of the proceeds of the grant, including
2reporting and auditing requirements.
AB75-ASA1-AA122,83,53
(b) Requires Pleasant Prairie Technology Incubator Center to submit to the
4department, within 6 months after spending the full amount of the grant, a report
5detailing how the proceeds of the grant were used.
AB75-ASA1-AA122,83,16
6(17r) Contractor registration rules. Using the procedure under section
7227.24 of the statutes, the department of commerce may promulgate rules required
8under section 101.147 (2) of the statutes, as created by this act, for the period before
9the effective date of the permanent rules promulgated under section 101.147 (2) of
10the statutes, as created by this act, but not to exceed the period authorized under
11section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
12(2) (b), and (3) of the statutes, the department of commerce is not required to provide
13evidence that promulgating a rule under this subsection as an emergency rule is
14necessary for the preservation of public peace, health, safety, or welfare and is not
15required to provide a finding of emergency for a rule promulgated under this
16subsection.".
AB75-ASA1-AA122,83,23
19"
(2q) Pension study. The department of employee trust funds shall study the
20impact of increasing the initial amount of the normal form annuity under section
2140.23 (2m) (b) of the statues from 65 percent to 70 percent of the participant's final
22average earnings for participants whose formula rate is determined under section
2340.23 (2m) (e) 3. of the statutes.".
