Amendment AA122-ASA1-AB75

AB75-ASA1-AA122,75,4 320. Page 1592, line 16: delete "$14" and substitute " $16".

AB75-ASA1-AA122,75,5 321. Page 1592, line 16: delete "$48" and substitute " $50".

AB75-ASA1-AA122,75,6 322. Page 1594, line 16: after "under s." insert "66.1038 or".

AB75-ASA1-AA122,75,7 323. Page 1596, line 2: delete lines 2 to 8.

AB75-ASA1-AA122,75,13 324. Page 1611, line 25: after "insured." insert "If an insured brings a civil action against an insurer relating to a preexisting condition exclusion denial determination or a rescission with respect to which an independent review organization has issued a decision, the decision of the independent review organization is presumed to be correct and the insured has the burden of rebutting the presumption.".

AB75-ASA1-AA122,75,14 325. Page 1612, line 11: after that line insert:

AB75-ASA1-AA122,75,15 " Section 3192m. 632.835 (7) (c) of the statutes is created to read:

AB75-ASA1-AA122,75,19 632.835 (7) (c) An insurer is not liable for punitive damages for actions taken in compliance with any decision rendered by a certified independent review organization under this section relating to a preexisting condition exclusion denial determination or a rescission.".

AB75-ASA1-AA122,75,20 326. Page 1615, line 12: before "therapy" insert "evidence-based".

AB75-ASA1-AA122,75,21 327. Page 1615, line 15: before "therapy" insert "evidence-based".

AB75-ASA1-AA122,75,22 328. Page 1616, line 9: delete "$60,000" and substitute "$50,000".

AB75-ASA1-AA122,75,23 329. Page 1616, line 11: delete "$30,000" and substitute "$25,000".

AB75-ASA1-AA122,75,24 330. Page 1648, line 10: after that line insert:

AB75-ASA1-AA122,76,2 " Section 3221d. 799.41 of the statutes is renumbered 799.41 (1).

AB75-ASA1-AA122, s. 3221e Section 3221e. 799.41 (2) of the statutes is created to read:

AB75-ASA1-AA122,76,6 799.41 (2) If the eviction seeks to remove a tenant whose tenancy is terminated as the result of a foreclosure judgment and sale under s. 708.02, the complaint shall identify the action as an eviction of the tenant due to a foreclosure action.".

AB75-ASA1-AA122,76,8 331. Page 1648, line 11: delete the material beginning with that line and ending with page 1649, line 10.

AB75-ASA1-AA122,76,9 332. Page 1649, line 18: after that line insert:

AB75-ASA1-AA122,76,10 " Section 3222g. 802.03 (9) of the statutes is created to read:

AB75-ASA1-AA122,76,13 802.03 (9) Foreclosure. In an action for foreclosure of real property, the complaint may not name a tenant of residential real property as a defendant unless the tenant has a lien or ownership interest in the real property.".

AB75-ASA1-AA122,76,15 333. Page 1649, line 19: delete the material beginning with that line and ending with page 1650, line 2.

AB75-ASA1-AA122,76,16 334. Page 1654, line 12: after that line insert:

AB75-ASA1-AA122,76,18 " Section 3243c. 846.35 (1) (c) of the statutes, as created by 2009 Wisconsin Act 2, is renumbered 846.35 (6) and amended to read:

AB75-ASA1-AA122,76,23 846.35 (6) Penalties. If a plaintiff fails to provide a notice under par. (a) in accordance with pars. (a) and (b), or fails to comply with sub. (5), the court shall award the tenant to whom the notice should have been given or who should not have named as a defendant $250 in damages, plus reasonable attorney fees. A tenant may not recover under this paragraph for more than one notice violation.

AB75-ASA1-AA122, s. 3243e Section 3243e. 846.35 (4) of the statutes, as created by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1-AA122, s. 3243f Section 3243f. 846.35 (5) of the statutes is created to read:

AB75-ASA1-AA122,77,6 846.35 (5) Tenant not named in complaint. In an action for foreclosure of residential real property, the complaint may not name a tenant as a defendant unless the tenant has a lien or ownership interest in the real property.".

AB75-ASA1-AA122,77,8 335. Page 1666, line 7: delete the material beginning with that line and ending with page 1667, line 3.

AB75-ASA1-AA122,77,10 336. Page 1668, line 25: delete the material beginning with that line and ending with page 1669, line 6.

AB75-ASA1-AA122,77,11 337. Page 1708, line 16: after "more" insert "than".

AB75-ASA1-AA122,77,13 338. Page 1709, line 19: delete "shall notify shall notify" and substitute "shall notify".

AB75-ASA1-AA122,77,14 339. Page 1712, line 19: after that line insert:

AB75-ASA1-AA122,77,16 " Section 3391c. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1-AA122,77,19 973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

AB75-ASA1-AA122,77,23 (b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).".

AB75-ASA1-AA122,77,24 340. Page 1717, line 23: delete "from".

AB75-ASA1-AA122,77,25 341. Page 1718, line 1: delete lines 1 and 2 and substitute:

AB75-ASA1-AA122,78,5 "(b) If the attorney general transfers moneys under s. 165.03 (1) for retention pay in a fiscal year, the state public defender shall, from the appropriation under s. 20.550 (1) (kb), pay each individual who is a full-time equivalent assistant state public".

AB75-ASA1-AA122,78,6 342. Page 1718, line 3: delete "shall".

AB75-ASA1-AA122,78,7 343. Page 1719, line 1: delete lines 1 and 2 and substitute:

AB75-ASA1-AA122,78,11 "2. If the attorney general transfers moneys under s. 165.03 (1) for retention pay in a fiscal year, the secretary of administration shall, from the appropriation under s. 20.475 (1) (kb) and subject to sub. (5) (c), pay each individual who is a full-time equivalent".

AB75-ASA1-AA122,78,12 344. Page 1719, line 4: delete "shall".

AB75-ASA1-AA122,78,14 345. Page 1720, line 9: delete the material beginning with that line and ending with page 1721, line 1.

AB75-ASA1-AA122,78,15 346. Page 1734, line 11: delete "$334,107,600" and substitute "$354,807,600".

AB75-ASA1-AA122,78,16 347. Page 1735, line 15: delete "assistance fee." and substitute "assistance.".

AB75-ASA1-AA122,78,17 348. Page 1735, line 19: after that line insert:

AB75-ASA1-AA122,78,20 "2m. "Federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.".

AB75-ASA1-AA122,78,21 349. Page 1735, line 21: after that line insert:

AB75-ASA1-AA122,79,2 "3m. "Stimulus portion" means the portion of moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year that is attributable to, as determined by the secretary of administration, the federal economic stimulus funds received in that fiscal year.".

AB75-ASA1-AA122,79,3 350. Page 1736, line 3: after that line insert:

AB75-ASA1-AA122,79,8 "(cm) Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining the amount of the low-income assistance fee for fiscal years 2009-10, 2010-11, and 2011-12, the stimulus portion received in the fiscal year shall be deducted from the sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that fiscal year.

AB75-ASA1-AA122,79,12 (dm) In fiscal years 2009-10, 2010-11, and 2011-12, in determining whether the amount required under section 16.957 (2) (a) of the statutes, as affected by this act, is spent for weatherization or other energy conservation services, the amount of the stimulus portion spent for those purposes shall not be considered.".

AB75-ASA1-AA122,79,13 351. Page 1742, line 23: after that line insert:

AB75-ASA1-AA122,79,18 "(13f) Restorative justice grant. From the appropriation to the department of administration under section 20.505 (6) (br), as created by this act, the office of justice assistance shall award $50,000 to Restorative Justice Programs, Inc., in the first fiscal year of the fiscal biennium in which this subsection takes effect for restorative justice programs.".

AB75-ASA1-AA122,79,19 352. Page 1743, line 15: after that line insert:

AB75-ASA1-AA122,80,2 "(1f) Soil and water management funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of agriculture, trade and consumer protection shall submit information concerning the appropriation under section 20.115 (7) (qf) of the statutes as though the amount appropriated for the 2010-11 fiscal year had been $308,000 more than was actually appropriated.".

AB75-ASA1-AA122,80,3 353. Page 1752, line 4: delete "Of" and substitute "of".

AB75-ASA1-AA122,80,5 354. Page 1752, line 9: delete the material beginning with "School" and ending with "$47,346,000" on line 10 and adjust the appropriate totals accordingly.

AB75-ASA1-AA122,80,7 355. Page 1754, line 3: delete lines 3 and 4 and adjust the appropriate totals accordingly.

AB75-ASA1-AA122,80,9 356. Page 1756, line 7: delete lines 7 and 8 and adjust the appropriate totals accordingly.

AB75-ASA1-AA122,80,10 357. Page 1768, line 23: delete "P.L." and substitute "Public Law".

AB75-ASA1-AA122,80,11 358. Page 1779, line 14: delete "48.658" and substitute "48.659".

AB75-ASA1-AA122,80,12 359. Page 1780, line 18: delete "48.658" and substitute "48.659".

AB75-ASA1-AA122,80,13 360. Page 1780, line 22: after that line insert:

AB75-ASA1-AA122,80,14 "(7u) Racine child care pilot program.

AB75-ASA1-AA122,80,22 (a) Grant. From the appropriation account under section 20.437 (2) (fm) of the statutes, as created by this act, the department of children and families shall provide a grant of $128,500 in each of fiscal years 2009-10 and 2010-11 to a day care center in Racine County that meets the qualifications specified in paragraph (b). The day care center shall use the moneys to supplement the salaries of its staff members who provide care and supervision for children and who hold not less than an associate degree in early childhood education or child care so that those staff members are paid not less than $12.50 per hour.

AB75-ASA1-AA122,81,2 (b) Qualifications. A day care center is qualified to receive a grant under paragraph (a) if the day care center satisfies all of the following qualifications:

AB75-ASA1-AA122,81,5 1. Not less than 80 percent of the children receiving care and supervision from the day care center have family incomes that do not exceed 150 percent of the poverty line, as defined in section 49.001 (5) of the statutes.

AB75-ASA1-AA122,81,8 2. Not less than 50 percent of the staff members of the day care center who provide care and supervision for children have been awarded the Child Development Associate Credential from the Council for Professional Recognition.

AB75-ASA1-AA122,81,12 3. The day care center has a favorable rating on the Early Childhood Environment Rating Scale-Revised Edition (Harms, Cryer, and Clifford 1998) or the Infant/Toddler Environment Rating Scale-Revised Edition (Harms, Cryer, and Clifford 2006).

AB75-ASA1-AA122,81,14 4. The day care center employs a staff member to oversee curriculum development.

AB75-ASA1-AA122,81,15 5. The day care center funds the provision of lesson plan supplies.

AB75-ASA1-AA122,81,19 6. The day care center employs a staff member to provide family support for the families of children receiving care and supervision from the day care center, including referrals to agencies providing services for families, emergency funds, parent education, and crisis management.

AB75-ASA1-AA122,81,21 7. The day care center provides developmental assessments of the children receiving care and supervision from the day care center.

AB75-ASA1-AA122,81,24 8. The day care center provides programming to support the social and emotional growth and development of the children receiving care and supervision from the day care center.

AB75-ASA1-AA122,82,5 9. The day care center has committed no, or only minor, violations of the statutes, rules promulgated by the department of children and families under section 48.67 of the statutes, as affected by this act, or provisions of licensure under section 48.70 (1) of the statutes, as determined by the department of children and families.

AB75-ASA1-AA122,82,7 10. The day care center provides benefits, such as vacation pay, sick leave, personal leave, and health insurance, for its staff members.

AB75-ASA1-AA122,82,15 (c) Evaluation. After the pilot program under this subsection has been in operation for 2 years, the department of children and families shall evaluate the pilot program to determine whether the increased compensation provided under the pilot program has been effective in improving staff retention and the quality of the child care provided at the day care center participating in the program. By December 1, 2011, the department shall submit a report of its evaluation to the governor and to the appropriate standing committees of the legislature in the manner provided in section 13.172 (3) of the statutes.".

AB75-ASA1-AA122,82,16 361. Page 1795, line 21: after that line insert:

AB75-ASA1-AA122,82,23 "(17q) Grant to Pleasant Prairie Technology Incubator Center. In the 2011-13 fiscal biennium, but not later than July 31, 2011, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, the department of commerce shall award to Pleasant Prairie Technology Incubator Center a grant of $700,000, if Pleasant Prairie Technology Incubator Center obtains at least an additional $700,000 in funding from sources other than the state and enters into a written agreement with the department of commerce that does all of the following:

AB75-ASA1-AA122,83,2 (a) Specifies conditions for the use of the proceeds of the grant, including reporting and auditing requirements.

AB75-ASA1-AA122,83,5 (b) Requires Pleasant Prairie Technology Incubator Center to submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the proceeds of the grant were used.

AB75-ASA1-AA122,83,16 (17r) Contractor registration rules. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules required under section 101.147 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 101.147 (2) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of commerce 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.".

AB75-ASA1-AA122,83,17 362. Page 1800, line 10: delete lines 10 to 16.

AB75-ASA1-AA122,83,18 363. Page 1801, line 9: after that line insert:

AB75-ASA1-AA122,83,23 "(2q) Pension study. The department of employee trust funds shall study the impact of increasing the initial amount of the normal form annuity under section 40.23 (2m) (b) of the statues from 65 percent to 70 percent of the participant's final average earnings for participants whose formula rate is determined under section 40.23 (2m) (e) 3. of the statutes.".

AB75-ASA1-AA122,83,24 364. Page 1815, line 6: after that line insert:

AB75-ASA1-AA122,84,6 "(11c) Report on covering podiatrists' services. The department of health services shall prepare, and no later than August 15, 2009, submit to the joint committee on finance, a report that details the fiscal impact of covering podiatric medicine and surgery services of podiatrists, as defined in section 448.60 (3) of the statutes, under BadgerCare Plus for individuals enrolled in the childless adults demonstration project under section 49.45 (23) of the statutes.".