Amendment SSA1-AB1038

LRBs0309/1

ALL:all

2019 - 2020 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1038

April 15, 2020 - Offered by Senators Bewley, Carpenter, Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch.

AB1038-SSA1,2,14 An Act to repeal 20.192 (1) (c), 108.02 (26m) and 108.04 (3); to renumber 238.308 (3); to renumber and amend 49.688 (1) (c); to amend 6.28 (1) (a), 20.866 (2) (xm), 20.866 (2) (z) (intro.), 25.50 (3) (b), 39.30 (2) (a), 39.38 (2), 39.41 (2) (b), 39.41 (3) (b), 39.435 (2), 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.), 40.22 (3) (intro.), 40.26 (1m) (a), 40.26 (1m) (b), 40.26 (5) (intro.), 40.51 (8), 40.51 (8m), 49.175 (1) (zh), 66.0137 (4), 66.0809 (5) (bm), 71.07 (9e) (aj) 1., 71.07 (9e) (aj) 2., 71.82 (1) (c), 74.12 (1) (a), 74.12 (2) (b), 74.47 (1), 74.49 (2) (a) 2., 108.04 (11) (bm), 108.062 (3), 108.062 (15), 115.385 (1) (intro.), 120.13 (2) (g), 140.145 (10) (a), 140.145 (10) (b), 185.983 (1) (intro.), 196.504 (2) (a), 238.124 (1), 250.04 (2) (a), 256.15 (2) (a), 292.63 (3) (ac) 3., 323.02 (16) (intro.), (a) and (b) 2., 450.11 (5) (a), 609.83, 625.12 (2), 628.34 (3) (a), 704.23 and 704.25 (1); and to create 5.41, 6.58, 6.895, 16.004 (25), 16.004 (26), 16.23, 16.24, 16.245, 16.5165, 20.145 (5) (c), 20.155 (3) (a), 20.192 (1) (c), 20.410 (1) (am), 20.435 (1) (bw), 20.435 (1) (by), 20.437 (3) (f), 20.445 (1) (ag), 20.465 (3) (em), 20.490 (3) (b), 20.505 (1) (am), 20.505 (1) (ft), 20.505 (1) (fv), 20.505 (1) (gh), 20.835 (1) (dc), 20.855 (4) (b), 20.940 (7), 39.55, 40.26 (5m), 40.26 (6), 46.968, 48.026, 49.175 (1) (x), 49.175 (2) (b), 49.259, 49.45 (2t) (d), 49.688 (1) (c) 2., 67.04 (5) (b) 5., 67.045 (1) (i), 67.045 (2) (c), 71.82 (1) (d), 74.11 (11) (c), 74.12 (1) (c), 74.12 (10) (c), 74.47 (2) (c), 74.49 (2) (a) 3., 79.036, 79.06, 102.03 (1) (h), 102.565 (6), 103.13 (2m), 108.062 (3r), 108.062 (20), 108.07 (8), 115.385 (6), 118.233, 118.38 (4), 118.38 (5), 150.93 (6), 234.535, 238.308 (3) (b), 256.15 (2) (d), 323.02 (8m), 323.02 (15m), 323.12 (4) (f), 323.12 (4) (g), 323.19 (3), 323.19 (4), 323.21, 323.22, 323.265, 323.267, 323.291, 440.08 (5), 440.095, 440.096, 450.11 (5) (br), 601.83 (7), 609.205, 609.719, 609.846, 609.885, 626.12 (4), 631.18, 632.729, 632.871, 632.895 (14g), 632.895 (16v), 655.0025, 704.17 (6), 799.24 (1m), 799.40 (1c), 799.44 (2m), 799.45 (1m) and 938.026 of the statutes; relating to: addressing the spread and containment of the COVID-19 coronavirus and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1038-SSA1,1 Section 1. 5.41 of the statutes is created to read:

AB1038-SSA1,2,22 5.41 Voter identification requirements during a public health emergency. Notwithstanding ss. 6.15 (2) (bm) and (3), 6.18, 6.79 (2) (a) and (d), (3) (b), and (8), 6.82 (1) (a), 6.86 (1) (ar) and (3) (a) 1. and (c), 6.869, 6.87 (1) and (2), 6.875 (6) (c) 1., 6.97, and 10.02 (3) (a), an elector is not required to provide proof of identification in order to vote at any election held during the period covered by a public health emergency declared under s. 323.10, including any extension under s. 323.10.

AB1038-SSA1,2 Section 2. 6.28 (1) (a) of the statutes is amended to read:

AB1038-SSA1,3,10 6.28 (1) (a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for an election closes at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. Electronic Except as authorized under s. 6.58, electronic registration under s. 6.30 (5) for an election closes at 11:59 p.m. on the 3rd Wednesday preceding the election. The municipal clerk or board of election commissioners may assign election registration officials to register electors who apply for an in-person absentee ballot under s. 6.86 (1) (b) or to register electors at a polling place on election day or at a residential care facility, as defined under s. 6.875 (1) (bm).

AB1038-SSA1,3 Section 3. 6.58 of the statutes is created to read:

AB1038-SSA1,3,17 6.58 Registration during a public health emergency. If the governor issues an executive order declaring a public health emergency, as provided under s. 323.10, during the period covered by the order, including any extension under s. 323.10, electronic registration under s. 6.30 (5) for an election closes at 5 p.m. on the 5th day preceding the election and all parts of the registration may be completed electronically.

AB1038-SSA1,4 Section 4. 6.895 of the statutes is created to read:

AB1038-SSA1,3,25 6.895 Voting by absentee ballot during an emergency. Notwithstanding any provision to the contrary, if the governor issues an executive order declaring a public health emergency under s. 323.10, voting at any election held during the period covered by the order, including any extension under s. 323.10, shall be conducted by mail using absentee ballots. An absentee ballot mailed under this section shall be postmarked no later than the day of the election. A witness signature is not required for any such ballot.

AB1038-SSA1,5 Section 5. 16.004 (25) of the statutes is created to read:

AB1038-SSA1,4,3 16.004 (25) Printing services. The department may provide printing services to counties, towns, villages, and cities.

AB1038-SSA1,6 Section 6. 16.004 (26) of the statutes is created to read:

AB1038-SSA1,4,7 16.004 (26) Position transfers during a public health emergency. (a) In this subsection, “state agency” means any office, commission, board, department, or independent agency in the executive branch of state government.

AB1038-SSA1,4,13 (b) During a public health emergency, declared by the governor under s. 323.10, the secretary may transfer any employee from one state agency to another state agency to provide services for the receiving state agency. The receiving state agency shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the receiving state agency. Any action by the secretary under this paragraph shall remain in effect until rescinded by the secretary.

AB1038-SSA1,7 Section 7. 16.23 of the statutes is created to read:

AB1038-SSA1,4,17 16.23 Meal delivery grants. (1) In this section, “meal delivery program” means a program that provides or delivers meals to individuals based on financial need or to individuals in long-term care or congregate care settings.

AB1038-SSA1,4,25 (2) The department may award grants to schools to provide or deliver meals, to publicly administered meal delivery programs, and to public-private partnerships between publicly administered meal delivery programs and privately operated, locally owned restaurants. The department may establish eligibility criteria and guidelines for the grants under this subsection which, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, need not be promulgated as rules under ch. 227, are not guidance documents, and are not subject to the requirements of s. 227.112.

AB1038-SSA1,8 Section 8. 16.24 of the statutes is created to read:

AB1038-SSA1,5,2 16.24 Health care response grants. (1) Definitions. In this section:

AB1038-SSA1,5,3 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038-SSA1,5,7 (b) “Eligible provider” means a health system, health care clinic, health care provider as defined in s. 146.81 (1) (i) to (q), pharmacy licensed under ch. 450, or any other health care facility or long-term care facility or setting where assisted living services or health care services are or may be provided.

AB1038-SSA1,5,11 (2) Grants; purposes. Subject to sub. (3), from the appropriation under s. 20.505 (1) (ft), the secretary may assist any eligible providers with costs relating to planning or preparing for or responding to an outbreak of COVID-19 by awarding grants that may only be used for one or more of the following purposes:

AB1038-SSA1,5,13 (a) Establishment and operation of temporary sites to provide testing services or treatment beds or to isolate or quarantine affected individuals.

AB1038-SSA1,5,15 (b) Temporary conversion of space for another purpose that after a COVID-19 outbreak will revert to its original use.

AB1038-SSA1,5,16 (c) Staff overtime and hiring additional staff.

AB1038-SSA1,5,17 (d) Staff training and orientation.

AB1038-SSA1,5,19 (e) Purchasing of consumable protective or treatment supplies and equipment to protect or treat staff, visitors, and patients.

AB1038-SSA1,5,21 (f) Development and implementation of COVID-19 screening and testing procedures.

AB1038-SSA1,5,22 (g) Patient outreach activities related to COVID-19.

AB1038-SSA1,5,23 (h) Emergency transportation of patients that exceeds usual capacity.

AB1038-SSA1,5,25 (i) Information technology and systems costs to support telehealth activities, patient triage, and COVID-19 screening.

AB1038-SSA1,6,2 (j) Purchasing replacement parts or filters that are necessary for the operation of medical equipment.

AB1038-SSA1,6,3 (k) Specialty cleaning supplies for facilities and equipment.

AB1038-SSA1,6,5 (L) Expenses related to the isolation and quarantine of staff, except for the payment of wages for the staff being isolated or quarantined.

AB1038-SSA1,6,9 (m) Expenses that assist with planning or preparing for or responding to an outbreak of COVID-19 but that, in the determination of the secretary, cannot reasonably be expected to generate income for the grant recipient after the outbreak ends.

AB1038-SSA1,6,11 (3) Eligibility; process. (a) The secretary shall do all of the following relating to grants described under sub. (2):

AB1038-SSA1,6,12 1. Determine the number of grants and the amount of each grant.

AB1038-SSA1,6,14 2. Develop an application form and process for an eligible provider to apply for a grant and demonstrate an urgent or emergency need for a grant.

AB1038-SSA1,6,16 3. Establish conditions to which an eligible provider must agree in order to obtain a grant under this section.

AB1038-SSA1,6,19 (b) If the secretary determines that a recipient of a grant under this section has used awarded moneys for a purpose not authorized under this section or has otherwise violated the grant agreement, the secretary may do any of the following:

AB1038-SSA1,6,20 1. Immediately terminate any portions or all of the grant agreement.

AB1038-SSA1,6,22 2. Recover from the grant recipient any moneys paid and used for the unauthorized purpose.

AB1038-SSA1,6,23 3. Pursue any other remedy available under law.

AB1038-SSA1,7,2 (c) Notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, the grant application process and eligibility criteria under this section need not be promulgated as rules under ch. 227, are not a guidance document, and are not subject to the requirements of s. 227.112.

AB1038-SSA1,7,10 (4) Temporary sites. Notwithstanding sub. (2), if no eligible provider is reasonably capable of establishing and operating temporary sites to provide testing services to test for COVID-19, provide treatment beds for patients affected by a COVID-19 outbreak, or isolate or quarantine individuals affected by a COVID-19 outbreak the secretary may expend moneys from the appropriation under s. 20.505 (1) (ft) to establish and operate temporary sites for these purposes. The secretary may direct local units of government and eligible providers to operate a temporary site established under this subsection.

AB1038-SSA1,7,14 (5) Report. By the date that is 12 months after the date that the state of emergency related to public health declared by the governor on March 12, 2020, by executive order 72, is discontinued, the secretary shall submit to the legislature under s. 13.172 (2) and to the governor a report that contains all of the following:

AB1038-SSA1,7,16 (a) The total number of grants issued and the total number of temporary sites established and operated under sub. (4).

AB1038-SSA1,7,18 (b) The total amount of money issued as grants under this section and the total amount of money expended on temporary sites under sub. (4).

AB1038-SSA1,7,20 (c) For each grant recipient, the name of the recipient, the grant amount, the uses of the grant funds, and the amount spent for each use.

AB1038-SSA1,9 Section 9. 16.245 of the statutes is created to read:

AB1038-SSA1,7,23 16.245 Hazard pay grants during a public health emergency. (1) Definitions. In this section:

AB1038-SSA1,8,3 (a) “Critical workforce member” means an employee, contractor, or other individual working in a vital public or private sector or in critical infrastructure, as determined by the secretary under sub. (2) (b).

AB1038-SSA1,8,5 (b) “Public health emergency” means a public health emergency declared by the governor under s. 323.10.

AB1038-SSA1,8,13 (2) Hazard pay grants for work during a public health emergency. (a) From the appropriation under s. 20.505 (1) (mb), the department shall award grants to employers and organizations to provide hazard pay to critical workforce members who work during a public health emergency. The department may establish eligibility criteria and guidelines, including proration of pay, for administering the grants under this section, which, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, need not be promulgated as rules under ch. 227, are not guidance documents, and are not subject to the requirements of s. 227.112.

AB1038-SSA1,8,16 (b) The secretary shall determine which are vital public and private sectors, critical infrastructure, and critical workforce members during a public health emergency.

AB1038-SSA1,10 Section 10 . 16.5165 of the statutes is created to read:

AB1038-SSA1,8,18 16.5165 Costs related to a public health emergency. (1) In this section:

AB1038-SSA1,8,20 (a) “Public health emergency” means a public health emergency declared by the governor under s. 323.10.

AB1038-SSA1,8,25 (b) “State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government that is created or authorized to be created by the constitution or any law and is entitled to expend moneys appropriated by law, including any authority, but not including the legislature or the courts.

AB1038-SSA1,9,2 (2) The department may expend moneys from the appropriation under s. 20.505 (1) (am) for all of the following:

AB1038-SSA1,9,5 (a) Facilitating coordination between and among federal, state, local, and tribal agencies, social services agencies, and public and private health care entities that the secretary determines may be affected by a public health emergency.

AB1038-SSA1,9,7 (b) Awarding grants and entering into contracts pertaining to a public health emergency.

AB1038-SSA1,9,9 (c) Supporting emergency operations related to a public health emergency, including investigation, education, and eradication.

AB1038-SSA1,9,11 (d) Expenditures for information technology directly related to a public health emergency, as determined by the secretary.

AB1038-SSA1,9,13 (e) Facilities expenditures directly related to a public health emergency, as determined by the secretary.

AB1038-SSA1,9,16 (f) Personnel costs, including all salary, fringe, overtime, and additional leave benefits, for any state agency, if those costs are directly related to a public health emergency, as determined by the secretary.

AB1038-SSA1,9,18 (g) Purchasing under ss. 16.70 to 16.78 that is directly related to a public health emergency, as determined by the secretary.

AB1038-SSA1,9,21 (h) Operating as a procurement clearinghouse for state and local governments and select private entities, as determined by the secretary, during a public health emergency.

AB1038-SSA1,9,24 (i) Expenditures associated with continuity of state government, if those expenditures are directly related to a public health emergency, as determined by the secretary.

AB1038-SSA1,10,2 (j) Carrying out other activities as the secretary determines applicable and appropriate.

AB1038-SSA1,10,6 (3) (a) The department may submit a request to the joint committee on finance under s. 13.10 to expend moneys under sub. (2) in excess of the amount specified in s. 20.505 (1) (am). The department may expend excess moneys under this paragraph only to the extent approved under par. (b).

AB1038-SSA1,10,8 (b) A request under par. (a) is approved upon the occurrence of any of the following:

AB1038-SSA1,10,12 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-SSA1,10,14 2. No member of the joint committee on finance objects to the request within 24 hours after the request is received.

AB1038-SSA1,10,16 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.