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LRBs0309/1
TJD&EHS:amn
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 603
February 9, 2016 - Offered by Representatives Spreitzer, Hebl, Meyers, Milroy,
Danou, Shankland, Hesselbein, Considine, Brostoff, Sinicki, C. Taylor,
Wachs, Stuck, Barnes, Sargent, Kolste, Ohnstad, Billings, Johnson, Pope,
Riemer and Goyke.
AB603-ASA1,1,8 1An Act to repeal 59.692 (1) (e), 59.692 (1d), 59.692 (1f), 59.692 (1k) and 59.692
2(5m); to renumber 59.692 (1c); to amend 49.45 (23) (a), 49.471 (4) (a) 4. b.,
359.692 (1) (bn), 59.692 (4) (b), 61.353 (3) (intro.) and 62.233 (3) (intro.); to
4repeal and recreate
59.692 (2m) and 281.31 (2m); and to create 49.471 (1)
5(cr), 49.471 (4g), 59.692 (1t), 61.353 (3) (cm), 61.353 (3) (dm), 62.233 (3) (cm) and
662.233 (3) (dm) of the statutes; relating to: standards and ordinances
7regulating shoreland zoning, Medicaid expansion, and eligibility for
8BadgerCare Plus and BadgerCare Plus Core.
Analysis by the Legislative Reference Bureau
This substitute amendment eliminates the changes to the laws regulating
shoreland zoning that were made under the 2015-17 biennial budget act, 2015
Wisconsin Act 55
(Act 55).
Current law requires a county to enact shoreland zoning ordinances for all
shorelands in its unincorporated area and requires those ordinances to meet
shoreland zoning standards established by the Department of Natural Resources

(DNR) by rule. Current law generally defines a shoreland to be an area within a
specified distance from the edge of a navigable water.
Act 55 made various changes to the laws regulating shoreland zoning including
the following:
1. Prohibiting a county shoreland zoning ordinance from regulating a matter
more restrictively than the matter is regulated by a shoreland zoning standard
promulgated by DNR.
2. Prohibiting a shoreland zoning ordinance from requiring a person to
establish a vegetative buffer zone on previously developed land or expand an existing
buffer zone.
3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to
contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline
frontage and to allow the corridor to run contiguously for the entire maximum
allowable width.
4. Prohibiting DNR from establishing shoreland zoning standards and
prohibiting counties from enacting shoreland zoning ordinances that regulate
certain outdoor lighting, that regulate certain construction activities with respect to
nonconforming structures, and that impose certain standards for impervious
surfaces.
5. Allowing certain maintenance and repair of nonconforming structures in
shorelands that are accessory structures such as garages, sheds, sidewalks, and
patios.
6. Generally requiring city and village shoreland zoning ordinances that apply
to certain shorelands that were annexed or incorporated by the city or village to be
consistent with the requirements and limitations applicable to county shoreland
zoning ordinances.
7. Prohibits DNR from appealing a decision of a county to grant or deny a
variance to a law regulating county shoreland zoning.
This substitute amendment eliminates the changes to the law made by Act 55
so that the law is consistent with pre-Act 55 law.
This substitute amendment 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 substitute
amendment expands the income eligibility level for parents and caretaker relatives
under BC+ and for childless adults under BC+ Core. The substitute amendment
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB603-ASA1,1 1Section 1. 49.45 (23) (a) of the statutes is amended to read:
AB603-ASA1,3,92 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.
AB603-ASA1,2 10Section 2. 49.471 (1) (cr) of the statutes is created to read:
AB603-ASA1,3,1211 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a
12federal medical assistance percentage described under 42 USC 1396d (y) or (z).
AB603-ASA1,3 13Section 3. 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB603-ASA1,4,3
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)
.
AB603-ASA1,4 4Section 4. 49.471 (4g) of the statutes is created to read:
AB603-ASA1,4,125 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.
AB603-ASA1,4,2313 (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.
AB603-ASA1,5 24Section 5. 59.692 (1) (bn) of the statutes, as affected by 2015 Wisconsin Act
2555
, is amended to read:
AB603-ASA1,5,4
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.
AB603-ASA1,6 5Section 6. 59.692 (1) (e) of the statutes, as created by 2015 Wisconsin Act 55,
6is repealed.
AB603-ASA1,7 7Section 7. 59.692 (1c) of the statutes, as affected by 2015 Wisconsin Act 55, is
8renumbered 59.692 (1m).
AB603-ASA1,8 9Section 8. 59.692 (1d) of the statutes, as created by 2015 Wisconsin Act 55, is
10repealed.
AB603-ASA1,9 11Section 9. 59.692 (1f) of the statutes, as created by 2015 Wisconsin Act 55, is
12repealed.
AB603-ASA1,10 13Section 10. 59.692 (1k) of the statutes, as created by 2015 Wisconsin Act 55,
14is repealed.
AB603-ASA1,11 15Section 11. 59.692 (1t) of the statutes is created to read:
AB603-ASA1,5,2116 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:
AB603-ASA1,5,2322 1. The nonconforming structure was damaged or destroyed after October 14,
231997.
AB603-ASA1,5,2524 2. The damage or destruction was caused by violent wind, vandalism, fire,
25flood, ice, snow, mold, or infestation.
AB603-ASA1,6,4
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.
AB603-ASA1,12 5Section 12. 59.692 (2m) of the statutes, as affected by 2015 Wisconsin Act 55,
6is repealed and recreated to read:
AB603-ASA1,6,77 59.692 (2m) (a) In this subsection:
AB603-ASA1,6,108 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.
AB603-ASA1,6,1411 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.
AB603-ASA1,6,1615 (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:
AB603-ASA1,6,2017 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.
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