Amendment SSA1-AB1038

AB1038-SSA1,44,21 (b) “Public health emergency” means a period when schools are closed by the department of health services under s. 252.02 (3).

AB1038-SSA1,44,22 (c) “School closure order” means an order to close schools under s. 252.02 (3).

AB1038-SSA1,44,25 (2) Layoffs prohibited. During a school year in which the department of health services issues a school closure order, a school board may not lay off a current employee during a public health emergency.

AB1038-SSA1,45,6 (3) Compensation. During a school year in which the department of health services issues a school closure order, a school board shall continue to pay current employees for regularly scheduled hours at the current employee's regular rate during a public health emergency, regardless of whether the current employee is required to report to work while schools are closed. A school board may pay a current employee more than what is required under this subsection.

AB1038-SSA1,93 Section 93. 118.38 (4) of the statutes is created to read:

AB1038-SSA1,45,9 118.38 (4) If the department of health services closes schools under s. 252.02 (3), all of the following apply during the school year in which schools are closed:

AB1038-SSA1,45,12 (a) Notwithstanding subs. (1) to (3), the department may waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters.

AB1038-SSA1,45,16 (b) The department may waive any private school requirement in chs. 115 to 121 or the administrative rules promulgated by the department under the authority of those chapters, including any requirement related to participating in a program under s. 115.7915, 118.60 or 119.23.

AB1038-SSA1,45,20 (c) The department may waive any requirement on a charter school authorized under s. 118.40 (2r) or (2x) in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, including any requirement on the authorizer, operator, or governing board of the charter school.

AB1038-SSA1,94 Section 94. 118.38 (5) of the statutes is created to read:

AB1038-SSA1,46,2 118.38 (5) If the department is not required to publish a school and school district accountability report under s. 115.385 for a school year, the department may waive any requirement related to the publication of that accountability report in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters.

AB1038-SSA1,95 Section 95. 120.13 (2) (g) of the statutes is amended to read:

AB1038-SSA1,46,7 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB1038-SSA1,96 Section 96. 140.145 (10) (a) of the statutes, as created by 2019 Wisconsin Act 125, is amended to read:

AB1038-SSA1,46,13 140.145 (10) (a) Any law governing the creation and execution of wills, codicils, or testamentary trusts, except that this section applies to a transaction governed as described in this paragraph during a public health emergency declared under s. 323.10.

AB1038-SSA1,97 Section 97. 140.145 (10) (b) of the statutes, as created by 2019 Wisconsin Act 125, is amended to read:

AB1038-SSA1,46,19 140.145 (10) (b) Any law governing the creation and execution of living trusts or trust amendments for personal use, not including a transaction, as defined in s. 137.11 (15), except that this section applies to a transaction governed as described in this paragraph during a public health emergency declared under s. 323.10.

AB1038-SSA1,98 Section 98. 150.93 (6) of the statutes is created to read:

AB1038-SSA1,46,23 150.93 (6) This section does not apply during a state of emergency related to public health declared under s. 323.10 and for the 60 days after the date the state of emergency related to public health expires.

AB1038-SSA1,99 Section 99. 185.983 (1) (intro.) of the statutes is amended to read:

AB1038-SSA1,47,8 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB1038-SSA1,100 Section 100. 196.504 (2) (a) of the statutes is amended to read:

AB1038-SSA1,47,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriations under s. 20.155 (3) (a), (r), and (rm).

AB1038-SSA1,101 Section 101. 234.535 of the statutes is created to read:

AB1038-SSA1,48,3 234.535 Foreclosure prevention and down payment assistance fund. There is established under the jurisdiction of the authority a foreclosure prevention and down payment assistance fund. There shall be paid into the fund the amounts appropriated under s. 20.490 (3) (b) and any other moneys that may be made available to the authority for the purpose of the fund from any other source. The authority shall use the moneys in the fund solely to provide financial support to homeowners with first-lien mortgage loans on eligible property, as defined in s. 234.59 (1) (d), held by the authority to prevent foreclosures of the mortgage loans and to fund new down payment assistance loans or purchase existing down payment assistance loans held by the authority under any down payment assistance program established by the authority. The authority may allow a down payment assistance loan that is funded or purchased with moneys under this section to be subordinated to a first-lien mortgage loan in the event that the related first-lien mortgage loan held by the authority is refinanced with another lender.

AB1038-SSA1,102 Section 102. 238.124 (1) of the statutes is amended to read:

AB1038-SSA1,48,9 238.124 (1) The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals. This subsection does not apply during any period covered by a public health emergency declared by the governor under s. 323.10, including any extension under s. 323.10, and during the 180 days following that period.

AB1038-SSA1,103 Section 103. 238.308 (3) of the statutes is renumbered 238.308 (3) (a).

AB1038-SSA1,104 Section 104. 238.308 (3) (b) of the statutes is created to read:

AB1038-SSA1,48,18 238.308 (3) (b) For a year including any part of the period covered by the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, a person shall be considered to satisfy par. (a) if the net employment in this state in the person's business during that year is not less than the net employment in this state in the person's business during the year before the person was certified under sub. (2), as determined by the corporation under its policies and procedures.

AB1038-SSA1,105 Section 105. 250.04 (2) (a) of the statutes is amended to read:

AB1038-SSA1,49,2 250.04 (2) (a) The department possesses all powers necessary to fulfill the duties prescribed in the statutes and to bring action in the courts for the enforcement of public health statutes and rules. Notwithstanding s. 227.112, during a public health emergency declared under s. 323.10, the department possesses all powers necessary to respond to that emergency, including, as described under s. 323.21, the powers to expend public health emergency funds and, subject to approval of the governor, to confidentially investigate the cause and extent of any declared public health emergency and issue orders necessary to protect public health.

AB1038-SSA1,106 Section 106. 256.15 (2) (a) of the statutes is amended to read:

AB1038-SSA1,49,14 256.15 (2) (a) Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no person may act as or advertise for the provision of services as an ambulance service provider unless the person holds an ambulance service provider license issued under this section. Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no individual may act as or advertise for the provision of services as an emergency medical services practitioner unless he or she holds an emergency medical services practitioner license or training permit issued under sub. (5). Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no individual may act as or advertise for the provision of services as an emergency medical responder unless he or she holds an emergency medical responder certificate issued under sub. (8).

AB1038-SSA1,107 Section 107. 256.15 (2) (d) of the statutes is created to read:

AB1038-SSA1,49,17 256.15 (2) (d) During a state of emergency related to public health declared under s. 323.10 and notwithstanding the limits in par. (b), all of the following apply:

AB1038-SSA1,49,19 1. An ambulance service provider licensed in another state is not required to hold an ambulance service provider license under this section.

AB1038-SSA1,49,22 2. An emergency medical services practitioner licensed in or holding a training permit in another state is not required to hold an emergency medical services practitioner license or training permit under this section.

AB1038-SSA1,49,24 3. An emergency medical responder certified in another state is not required to hold an emergency medical responder certificate under this section.

AB1038-SSA1,108 Section 108 . 292.63 (3) (ac) 3. of the statutes is amended to read:

AB1038-SSA1,50,3 292.63 (3) (ac) 3. An owner or operator or person owning a home oil tank system is not eligible for an award under this section if the owner or operator or person does not submit a claim for the costs before July 1, 2020 2021.

AB1038-SSA1,109 Section 109. 323.02 (8m) of the statutes is created to read:

AB1038-SSA1,50,7 323.02 (8m) “Essential services cooperative” means a cooperative association organized under ch. 185 for the purpose of providing heat, light, power, natural gas, or water at retail to its members only.

AB1038-SSA1,110 Section 110. 323.02 (15m) of the statutes is created to read:

AB1038-SSA1,50,10 323.02 (15m) “Propane retailer” means a person who sells propane at retail to the ultimate consumers and is licensed under s. 101.16 (3g).

AB1038-SSA1,111 Section 111. 323.02 (16) (intro.), (a) and (b) 2. of the statutes are amended to read:

AB1038-SSA1,50,15 323.02 (16) (intro.) “Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all any of the following criteria:

AB1038-SSA1,50,18 (a) Is believed caused or suspected to be caused by bioterrorism or a novel or previously controlled or eradicated a biological agent, toxin, bioterrorism, or other threat to health.

AB1038-SSA1,50,21 (b) 2. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.

AB1038-SSA1,112 Section 112. 323.12 (4) (f) of the statutes is created to read:

AB1038-SSA1,51,8 323.12 (4) (f) Issue orders suspending, restricting, or imposing conditions on the authority of an essential services cooperative that provides service to members located in the area to which the governor's executive order under s. 323.10 applies to disconnect or refuse to reconnect service during the state of emergency. No order issued under this paragraph may suspend, restrict, or impose conditions on the authority of an essential services cooperative to disconnect or refuse to reconnect service for reasons of safety or danger. An essential services cooperative subject to an order issued under this paragraph shall report the expenses associated with the order to the governor, and the governor shall keep such records. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under s. 16.007.

AB1038-SSA1,113 Section 113. 323.12 (4) (g) of the statutes is created to read:

AB1038-SSA1,51,21 323.12 (4) (g) Issue orders suspending, restricting, or imposing conditions on the authority of a propane retailer that sells propane in the area to which the governor's executive order under s. 323.10 applies to refuse during the state of emergency to fill the container of a customer or to maintain a minimum level of product for a customer, regardless of tank or contract type. No order issued under this paragraph may suspend, restrict, or impose conditions on the authority of a propane retailer to refuse to fill the container of a customer or to maintain a minimum level of product for a customer for reasons of safety or danger. A propane retailer subject to an order issued under this paragraph shall report the expenses associated with this order to the governor, and the governor shall keep such records. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under s. 16.007.

AB1038-SSA1,114 Section 114. 323.19 (3) of the statutes is created to read:

AB1038-SSA1,52,2 323.19 (3) Based on guidance provided by the secretary of health services, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical when the governor declares a state of emergency related to a public health emergency under s. 323.10, for the purposes of s. 40.26 (5m) and (6) (b).

AB1038-SSA1,115 Section 115. 323.19 (4) of the statutes is created to read:

AB1038-SSA1,52,8 323.19 (4) (a) In this subsection, “state entity” means any state agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law that is entitled to expend moneys appropriated by law, including the legislature, the courts, and any authority.

AB1038-SSA1,52,14 (b) The head or governing body of a state entity may waive a requirement imposed, administered, or enforced by the state entity that an individual appear in person during a state of emergency relating to public health declared under s. 323.10, if the head or governing body finds that the waiver assists in the state's response to the public health emergency or that enforcing the requirement may increase the public health risk.

AB1038-SSA1,116 Section 116. 323.21 of the statutes is created to read:

AB1038-SSA1,52,17 323.21 Powers of the department of health services during a public health emergency. (1) In this section:

AB1038-SSA1,52,18 (a) “Department” means the department of health services.

AB1038-SSA1,52,19 (b) “State health officer” has the meaning given in s. 250.01 (9).

AB1038-SSA1,52,25 (2) Subject to the approval of the governor, the department of health services may confidentially investigate the cause and extent of any declared public health emergency, and notwithstanding s. 227.112, may issue such orders and public health advisories as it determines are necessary to protect public health. Notwithstanding any exceptions contained in s. 146.82 (2), any patient specific information collected by the department shall remain confidential.

AB1038-SSA1,53,3 (3) From the appropriation under s. 20.435 (1) (by), the department may, during a declared public health emergency, use public health emergency moneys for any of the following purposes:

AB1038-SSA1,53,6 (a) To facilitate coordination between and among federal, state, local, and tribal agencies, social services, and public and private health care entities that the state health officer determines may be affected by a public health emergency.

AB1038-SSA1,53,9 (b) To make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to a public health emergency or potential public health emergency.

AB1038-SSA1,53,12 (c) To facilitate advanced research, purchase products, and develop security measures or pandemic or epidemic products that are applicable to the public health emergency or potential emergency.

AB1038-SSA1,53,15 (d) To strengthen biosurveillance capabilities and laboratory capacity to identify, collect, and analyze information regarding the public health emergency or potential emergency.

AB1038-SSA1,53,17 (e) To support emergency operations related to the public health emergency, including investigation, education, and eradication.

AB1038-SSA1,53,19 (f) To carry out other activities as the state health officer determines applicable and appropriate.

AB1038-SSA1,53,20 (g) Create a full-time equivalent position or portion of a position under sub. (4).

AB1038-SSA1,54,2 (4) During a declared public health emergency, the department of health services may create a full-time equivalent position or portion of a position funded from the appropriation under s. 20.435 (1) (by). After the declared public health emergency has ended, the department of health services may abolish a full-time equivalent position or portion of a position funded from the appropriation under s. 20.435 (1) (by).

AB1038-SSA1,54,6 (5) Notwithstanding s. 250.03 (3), no later than 12 months after the termination of a public health emergency, the department of health services shall submit to the legislature under s. 13.172 (2) and to the governor a report on any moneys expended from the appropriation under s. 20.435 (1) (by).

AB1038-SSA1,117 Section 117 . 323.22 of the statutes is created to read:

AB1038-SSA1,54,11 323.22 Public health emergencies. (1) From the appropriation under s. 20.465 (3) (em), the department of military affairs may, during a public health emergency declared under s. 323.10, expend public health emergency moneys for any of the following purposes:

AB1038-SSA1,54,15 (a) To facilitate coordination between and among federal, state, local, and tribal agencies, social services, and public and private health care entities that the administrator or the state health officer determines may be affected by the public health emergency.

AB1038-SSA1,54,18 (b) To make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to the public health emergency or potential public health emergency.

AB1038-SSA1,54,20 (c) To support emergency operations related to the public health emergency, including investigation, education, and eradication.

AB1038-SSA1,54,22 (d) To carry out other activities related to the public health emergency as the administrator or the state health officer determines applicable and appropriate.

AB1038-SSA1,55,2 (2) (a) The department may submit a request to the joint committee on finance under s. 13.10 to expend moneys under sub. (1) in excess of the amount specified in s. 20.465 (3) (em). The department may expend excess moneys under this paragraph only to the extent approved under par. (b).

AB1038-SSA1,55,4 (b) A request under par. (a) is approved upon the occurrence of any of the following:

AB1038-SSA1,55,8 1. The joint committee on finance approves the request or modifies and approves the request. If the committee modifies and approves the request, the department may expend excess moneys under the request only as modified by the committee.

AB1038-SSA1,55,10 2. No member of the joint committee on finance objects to the request within 24 hours after the request is received.

AB1038-SSA1,55,12 3. If a member objects under subd. 2., the joint committee on finance does not approve, reject, or modify the request within 48 hours after the request is received.

AB1038-SSA1,55,14 (c) Notwithstanding s. 13.10 (3), no public hearing is required for a request under par. (a).

AB1038-SSA1,55,16 (d) Notwithstanding s. 13.10 (4), the joint committee on finance may vote on a request under par. (a) by mail ballot or by polling.

AB1038-SSA1,55,20 (3) In each fiscal year, no later than 75 days after first expending moneys under sub. (1), and no later than the end of each month after that in which the department of military affairs expends moneys under sub. (1), the department shall submit to the joint committee on finance a report on those expenditures.

AB1038-SSA1,118 Section 118. 323.265 of the statutes is created to read:

AB1038-SSA1,55,23 323.265 Deadlines falling during a public health emergency. (1) In this section: