health and human services
Medical Assistance payment for hospitals for nursing facility care
The bill requires DHS to provide reimbursement or a supplemental payment
to hospitals under the Medical Assistance program for providing
nursing-facility-level custodial care. To receive reimbursement or supplemental
payment, the hospital must notify DHS that it is participating as a swing bed
hospital under the Medical Assistance program and providing custodial care for
which federal financial participation is approved to an individual who is eligible for
discharge after receiving inpatient care in the hospital, who needs
nursing-facility-level care, and for whom the hospital is unable to locate a nursing
facility that accepts the individual for admission. If providing reimbursement
instead of supplemental payment, DHS must pay the hospital the statewide average
per-diem rate paid to nursing facilities. DHS must use the same standards and
eligibility criteria as the federal Medicare program uses to determine
reimbursement for swing beds or, for hospitals that are not critical access hospitals,
the terms of a federal waiver issued during the federally declared national
emergency related to the 2019 novel coronavirus. This requirement to reimburse
hospitals for providing nursing facility care applies until June 30, 2021, or until the
termination of any public health emergency declared by the secretary of the federal
Department of Health and Human Services related to the 2019 novel coronavirus,
whichever is earlier.
Reimbursement for outpatient services provided by hospitals
The bill requires DHS to provide reimbursement through the Medical
Assistance program to a hospital for services provided on an outpatient basis that are
usually reimbursed when provided at the hospital's inpatient facility but are
provided at the hospital's outpatient facility due to the 2019 novel coronavirus
pandemic. To receive reimbursement under the bill, the outpatient services must be
approved for federal financial participation and must be provided in a facility that
is operated by the hospital and is certified for outpatient services under the federal
Medicare program, including under the terms of a federal waiver issued during the
federally declared national emergency related to the 2019 novel coronavirus. DHS
must seek any federal approval necessary to provide the reimbursement. The
reimbursement requirement applies until the conclusion of a public health
emergency declared by the secretary of the federal Department of Health and
Human Services in response to the 2019 novel coronavirus or until June 30, 2021,
whichever is earlier.
Coverage of vaccinations under SeniorCare
DHS administers the SeniorCare program, which provides assistance to
individuals who are elderly in the purchase of prescription drugs.
2019 Wisconsin
Act 185 requires DHS to include under the SeniorCare program coverage of
vaccinations that are recommended for administration to adults by the federal
Centers for Disease Control and Prevention's Advisory Committee on Immunization
Practices and approved by DHS. DHS must also provide payments to health care
providers that administer the vaccinations and submit claims for payment in the
manner required. SeniorCare is operated under a waiver of federal Medicaid laws,
but DHS is required to operate the program regardless of whether a waiver is
received from the federal government. The bill clarifies that DHS must cover and
reimburse vaccinations under SeniorCare as required under
2019 Wisconsin Act 185 by January 15, 2021, regardless of whether a federal waiver is received.
Medical Assistance reimbursement for COVID-19 vaccines and tests
administered by pharmacists
The bill requires DHS to ensure that vaccines against SARS-CoV-2
coronavirus and tests for COVID-19 that are otherwise covered and reimbursed
under the Medical Assistance program are covered and reimbursed when
administered by a pharmacist acting under the scope of practice, which currently
includes the administration of vaccines by pharmacists that meet certain criteria.
DHS must certify pharmacists as Medical Assistance providers as necessary to cover
and reimburse pharmacists for administering COVID-19 vaccines and tests as the
bill requires. Current law requires DHS to reimburse pharmacists for administering
vaccines to children if the federal Department of Health and Human Services has
approved the request by DHS to amend the state's Medical Assistance plan to allow
such reimbursement and if the pharmacist enrolls in the federal Vaccines for
Children Program.
Utilization data in the Medical Assistance program
This bill requires DHS to provide, semiannually, to any health care data
aggregator all fee-for-service and managed care encounter claims data and data
specifications for the Medical Assistance program. A health care data aggregator is
a data organization or entity that collects, analyzes, and disseminates health care
information under current law and requests that DHS provide the data to it. Current
law provides that a data organization contracts with the state to analyze and report
health care claims information collected from insurers and administrators and
provides that an entity is under contract to collect, analyze, and disseminate claims
and other health information from hospitals and ambulatory surgery centers. Either
the data organization, the entity, or both could be a health care data aggregator
under the bill.
Under the bill, after DHS provides a health care data aggregator with the
Medical Assistance data, the health care data aggregator, within five days or a longer
period specified by DHS, must create a data set with information that has eliminated
the ability to trace the information back to a specific patient and then destroy the
original data. Once the patient information cannot be traced back to a specific
patient the information is known as de-identified health information. The health
care data aggregator must make the de-identified data set available to the public
and may disseminate custom data sets and reports containing de-identified health
information. This de-identified health information must meet the requirements in
the federal Health Insurance Portability and Accountability Act, or HIPAA, for
ensuring that patient information is not individually identifiable. HIPAA generally
requires that health information that identifies a specific individual be kept
confidential except for treatment, billing, and other limited purposes but allows the
use of health information if it cannot identify the individual. The health care data
aggregator, in its treatment of the Medical Assistance data received under the bill,
must comply with the same patient confidentiality requirements as apply to its
collection of data under current law.
Local health officer orders in response to communicable disease outbreak
Currently, local health officers have the statutory authority to do what is
reasonable and necessary for the prevention and suppression of disease and forbid
public gatherings when necessary to control outbreaks or epidemics among other
public health powers. In addition, local health officers must take all measures
necessary to prevent, suppress, and control communicable diseases and report those
measures to the appropriate governing body along with the progress of the
communicable disease. Under this bill, a local health officer may enforce an order
to close or restrict capacity of businesses to control outbreaks and epidemics of the
2019 novel coronavirus for a maximum of 14 days unless the governing body of the
local governmental unit in which the order is intended to apply approves an
extension of the order. Each extension may not exceed 14 days.
Authority to forbid public gatherings in places of worship
DHS currently has statutory authority to control and suppress communicable
diseases, including authority to close schools and forbid public gatherings in schools,
churches, and other places to control outbreaks and epidemics and authorize and
implement all emergency measures necessary to control communicable diseases.
This bill prohibits DHS and local health officers from closing or forbidding
gatherings in places of worship to control outbreaks and epidemics of the 2019 novel
coronavirus.
Prohibiting mandatory vaccination against SARS-CoV-2
The bill prohibits DHS and local health officers from requiring individuals to
receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19.
Under current law, during a state of emergency related to public health declared by
the governor, DHS may order any individual to receive a vaccination, except under
certain medical circumstances or if the individual objects for religious or conscience
reasons, and may isolate or quarantine an individual who is unwilling or unable to
be vaccinated.
Collection and reporting of public health emergency data
Current law, as created in
2019 Wisconsin Act 185, requires the entity that is
under contract to collect, analyze, and disseminate the health care information of
hospitals and ambulatory surgery centers to prepare and publish a public health
emergency dashboard. The public health emergency dashboard uses health care
emergency preparedness program information collected from acute care hospitals
and includes information to assist in emergency response planning activities. The
requirement created in Act 185 to prepare and publish the public health emergency
dashboard applies during any of the following emergencies declared in response to
the 2019 novel coronavirus: the national emergency declared by the U.S. president
on March 13, 2020; the public health emergency declared by the secretary of the
federal Department of Health and Human Services on January 31, 2020; or the now
expired state of emergency related to public health declared by the governor on
March 12, 2020. The bill eliminates the currently specified periods during which the
requirement applies and instead requires the preparation and publication of the
public health emergency dashboard during any public health emergency declared by
the secretary of the federal Department of Health and Human Services that is
related to an outbreak or epidemic of communicable disease.
Cremation permits and electronic signature of death certificates
Under current law, a coroner or medical examiner must view the corpse of a
deceased person before issuing a cremation permit, and the corpse may not be
cremated within 48 hours after the death unless the death was caused by a
contagious or infectious disease. Under this bill, until the conclusion of a national
emergency declared by the U.S. president in response to the 2019 novel coronavirus,
if a physician, coroner, or medical examiner has signed the death certificate of a
deceased person and listed COVID-19 as the cause of death, a coroner or medical
examiner must issue a cremation permit without viewing the corpse of a deceased
person and a coroner or medical examiner must issue the permit within 48 hours
after the time of death. The bill also requires that if the underlying cause of a death
is determined to be COVID-19, the person required to sign the death certificate shall
provide an electronic signature on the death certificate within 48 hours after the
death occurs. These changes to the requirements were enacted in
2019 Wisconsin
Act 185, but applied only during the state of emergency related to public health
declared on March 12, 2020.
Child Care and Development Fund block grant funding
Under this bill, federal Child Care and Development Fund block grant funds
received by the state under the federal Consolidated Appropriations Act of 2021 are
credited to federal block grant appropriations, and the purposes for the expenditure
of those funds are subject to passive review by the Joint Committee on Finance.
Nursing home or assisted living facility visitation by essential visitors
The bill allows a nursing home or assisted living facility resident to designate
an essential visitor to visit and provide support for the resident. A health care agent
under the resident's power of attorney for health care is also considered an essential
visitor. A nursing home or assisted living facility must allow an essential visitor, who
agrees to comply with the public health policies of the nursing home or assisted living
facility, to enter the nursing home or assisted living facility to visit the resident in
compassionate care situations. If the federal Centers for Medicare and Medicaid
Services (CMS) issues guidance that restricts visitation more than this bill does, a
nursing home or assisted living facility is allowed to comply with that guidance
instead of the bill. The requirement to allow visitation of an essential visitor in this
bill applies when the nursing home or assisted living facility limits visitors to the
nursing home or assisted living facility due to an outbreak or epidemic of
communicable disease in the community.
Hospital services provided in a home setting
This bill generally specifies standards for certain services provided by hospitals
in a home setting and reimbursement under the Medical Assistance program for
those services. These “hospital-associated services” are defined in the bill as health
care services that are the same type of services as those provided by a hospital in an
inpatient or outpatient facility, that are of the type for which a federal Medicare
payment could be claimed as a hospital service, and that are provided in a home
setting and not in a setting that is approved as a hospital by DHS. If CMS has
approved a hospital to provide any hospital-associated service, DHS may apply and
enforce the CMS rule or standard on the hospital as the state standard for the
service. A hospital that complies with the bill is not required to be licensed as a home
health agency to provide hospital-associated services.
The Medical Assistance program is a joint federal and state program that
provides health services to individuals who have limited financial resources, and the
Medical Assistance program certifies and provides reimbursement to providers,
including hospitals, for those health services that are covered by the program. The
bill specifies that hospital-associated services provided by a hospital in accordance
with the bill and that are of the type for which Medicare payment could be claimed
as inpatient hospital services must be included and reimbursed or paid as inpatient
services under the Medical Assistance program.
Prescription order extensions
Current law allows a pharmacist to extend a prescription order under certain
circumstances in the event that the prescription cannot otherwise be refilled, subject
to certain criteria and limitations. However, current law also includes an alternative
authorization for a pharmacist to extend a prescription during the public health
emergency declared on March 12, 2020, by executive order 72, and for 30 days after
the conclusion of that public health emergency. Under this alternative
authorization, a pharmacist is exempt from having to contact the prescribing
practitioner or his or her office, the pharmacist may extend the prescription by up
to a 30-day supply, and certain other requirements also do not apply. The bill
provides that this alternative authorization to extend a prescription order also
applies beginning on the bill's effective date and continuing until the conclusion of
a national emergency declared by the U.S. president in response to the 2019 novel
coronavirus or until June 30, 2021, whichever is earlier.
Practice of emergency medical services personnel and providers with
credentials from outside the state
Currently, with certain exceptions, an individual must have a certification as
an emergency medical responder or a license as emergency medical services
practitioner to provide emergency medical services in this state. “Emergency
medical services practitioners” is the collective term for licensed emergency medical
technicians, emergency medical technicians — intermediate, advanced emergency
medical technicians, and paramedics. Also, with certain exceptions, a provider of
ambulance services in this state must hold a license as an ambulance service
provider. Each of the following are exceptions to the licensing or certification
requirements: 1) if the individual or provider has a credential from another state and
is involved in 10 or fewer patient transports or patient care episodes per year that
begin and end in Wisconsin; 2) if the individual or provider has a credential from
another state and is responding from that state in response to a request for mutual
aid; and 3) the individual had a Wisconsin license as an emergency medical services
practitioner or certification as an emergency medical responder at any time in the
previous 10 years that was never revoked, limited, suspended, or denied or a valid,
unexpired credential from another state and is acting during a state of emergency
declared by the federal, the state, or a local government on behalf of a health care
facility, mass clinic, or state or local health department as an emergency volunteer
health care practitioner. Currently, DHS may issue a license as an emergency
medical services practitioner or a certification as an emergency medical responder
to an individual who holds a credential from another state if the credentialing
standards are at least substantially equivalent to Wisconsin standards and the
individual meets other qualifications, except the individual does not need to take an
examination.
This bill allows individuals and providers who hold a current, valid credential
from another state that allows them to perform substantially the same services as
the applicable Wisconsin license or certification to practice or provide services in
Wisconsin within the scope of that credential under criteria specified in the bill, if the
individual or provider is not under investigation and there are no restrictions or
limitations on the credential. Those criteria are the following: the practice or
provision of services is necessary to ensure continued and safe delivery of emergency
medical or health care services; the need for emergency medical services reasonably
prevented obtaining a Wisconsin license or certification before beginning practice;
the individual applies for a license or certification within 10 days of first practicing
or providing services; and the provider or facility for which the individual or provider
is providing services notifies DHS within five days. Individuals or providers who
satisfy one of the current exceptions to licensure do not need to comply with the
criteria specified in the bill in order to practice or provide services in Wisconsin. The
authorization to practice or provide services under this bill applies through June 30,
2021.
Insurance
Liability insurance for physicians and nurse anesthetists
The bill specifies that, until the conclusion of a national emergency declared by
the U.S. president in response to the 2019 novel coronavirus or until June 30, 2021,
whichever is earlier, a physician or nurse anesthetist for whom Wisconsin is not a
principal place of practice but who is temporarily authorized to practice in Wisconsin
may fulfill financial responsibility requirements by filing with the commissioner of
insurance a certificate of insurance for a policy of health care liability insurance
issued by an insurer authorized in a certain jurisdiction specified in the bill.
Additionally, under those same circumstances, the physician or nurse anesthetist
may elect to be covered by Wisconsin's health care liability laws. These liability
insurance provisions were enacted in
2019 Wisconsin Act 185 but expired with the
expiration of the state of emergency related to public health declared on March 12,
2020, by the governor.
Out-of-network costs related to health coverage
The bill prohibits, until the conclusion of a national emergency declared by the
U.S. president in response to the 2019 novel coronavirus or until June 30, 2021,
whichever is earlier, a defined network plan, including a health maintenance
organization, or preferred provider plan from requiring an enrollee of the plan to pay
more for a service, treatment, or supply provided by an out-of-network provider
than if the service, treatment, or supply is provided by an in-network provider. This
prohibition applies to any service, treatment, or supply that is related to the
diagnosis of or treatment for COVID-19 and that is provided by an out-of-network
provider because a participating provider is unavailable due to the emergency. For
a service, treatment, or supply provided under those circumstances, the bill requires
the plan to reimburse the out-of-network provider at 225 percent of the federal
Medicare program rate. Also, under those circumstances, any health care provider
or facility that provides a service, treatment, or supply to an enrollee of a plan but
is not a participating provider of that plan shall accept as payment in full any
payment by a plan that is at least 225 percent of the federal Medicare program rate
and may not charge the enrollee an amount that exceeds the amount that the
provider or facility is reimbursed by the plan. Similar prohibitions and requirements
to these were created in
2019 Wisconsin Act 185, but those prohibitions and
requirements applied only during the state of emergency related to public health
declared on March 12, 2020, by the governor and for 60 days following the
termination of that state of emergency.
Coverage of COVID-19 testing and vaccination without cost sharing
Current law, as created in
2019 Wisconsin Act 185, requires health insurance
policies and self-insured governmental health plans to cover, until March 13, 2021,
testing for COVID-19 without imposing any copayment or coinsurance. A health
insurance policy is referred to in the bill as a disability insurance policy. The bill
extends the Act 185 coverage requirement for testing and adds a requirement to
cover vaccines against SARS-CoV-2, which causes COVID-19, until the conclusion
of a national emergency declared by the U.S. president in response to the 2019 novel
coronavirus or until June 30, 2021, whichever is earlier.
Coverage limits on certain prescription drugs
The bill prohibits insurers that offer health insurance, self-insured
governmental health plans, and pharmacy benefit managers from requiring, until
the conclusion of a national emergency declared by the U.S. president in response to
the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, prior
authorization for early refills of a prescription drug or otherwise restricting the
period in which a prescription drug may be refilled and from imposing a limit on the
quantity of prescription drugs that may be obtained if the quantity is no more than
a 90-day supply. These prohibitions do not apply if the prescription drug is a
controlled substance. The bill reinstates the prohibitions that were enacted in
2019
Wisconsin Act 185 but that expired with the termination of the state of emergency
related to public health declared on March 12, 2020, by the governor.
legislature
Transfer of moneys from sum sufficient appropriations
JCF may currently transfer moneys between sum certain and continuing
appropriations if JCF finds that unnecessary duplication of functions can be
eliminated, more efficient and effective methods for performing programs will result,
or legislative intent will be more effectively carried out because of the transfer.
The bill authorizes JCF to transfer moneys from sum sufficient appropriations
until the conclusion of a national emergency declared by the U.S. president in
response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier.
The total amount that may be transferred from all sum sufficient appropriations may
not exceed $100,000,000.
Public utilities
Loans to assist municipal utilities in maintaining liquidity
Under current law, the Board of Commissioners of Public Lands manages the
common school fund, the normal school fund, the university fund, and the
agricultural college fund (trust funds). Current law authorizes BCPL to manage and
invest moneys belonging to the trust funds in good faith and with the care an
ordinary prudent person in a like position would exercise under similar
circumstances.
This bill authorizes BCPL to loan moneys belonging to the trust funds to cities,
villages, and towns to ensure that a municipal utility under the control of the city,
village, or town is able to maintain liquidity. A municipal utility is a public utility
that is a city, village, or town, or that is wholly owned or operated by a city, village,
or town. Each trust fund loan BCPL awards to a city, village, or town under the bill
is secured in the same manner as other trust fund loans BCPL awards to cities,
villages, and towns under current law. BCPL may not award a loan under the bill
after April 15, 2021.
retirement and group insurance
WRS annuities for certain annuitants returning to work during national
emergency
The bill allows an annuitant who is hired during the period of a national
emergency declared by the U.S. president in response to the 2019 novel coronavirus
and ending when the national emergency is no longer in effect or 60 days after the
effective date of the bill, whichever is earlier, by a public employer as an employee
or to provide employee services to elect to not suspend his or her annuity for the
duration of the declared national emergency or until 60 days after the effective date
of the bill, whichever is earlier, if the position for which the annuitant is hired is a
critical position. Under current law, if a Wisconsin Retirement System annuitant,
or a disability annuitant who has attained his or her normal retirement date, is
appointed to a position with a WRS-participating employer, or provides employee
services to a WRS-participating employer in which he or she is expected to work at
least two-thirds of what is considered full-time employment by the Department of
Employee Trust Funds, the annuity must be suspended and no annuity payment is
payable until after the participant again terminates covered employment.
Also under current law, a WRS participant who has applied to receive a
retirement annuity must wait at least 75 days between terminating covered
employment with a WRS employer and returning to covered employment again as
a participating employee. The bill reduces that period to 15 days for individuals who
are hired to a critical position during the period of a national emergency declared by
the U.S. president in response to the 2019 novel coronavirus and ending when the
national emergency is no longer in effect or 60 days after the effective date of the bill,
whichever is earlier.
safety and professional services
Occupancy permit when dwelling occupied before inspection
The bill specifies that a dwelling that is occupied before undergoing all
inspections for compliance with the uniform dwelling code may be granted an
occupancy permit if the dwelling later passes a uniform dwelling code final
inspection. Also, if an occupancy permit for a dwelling is granted after it is occupied,
any missed inspection of the dwelling may not be listed as a finding on the occupancy
permit.
Current rules promulgated by the Department of Safety and Professional
Services generally allow a dwelling to be occupied without a uniform dwelling code
final inspection if the inspection is not completed by DSPS or a municipality within
five business days of an applicant's notification.
Practice by health care providers from other states
The bill authorizes, in certain situations, health care providers licensed in
another state or territory to provide services for which they are licensed or certified.
Under the bill, a person who satisfies certain requirements and holds a valid,
unexpired credential in another state or territory as any of the following may provide
services in this state: 1) a physician, physician assistant, or perfusionist; 2) a nurse;
3) a dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker, marriage and
family therapist, professional counselor, or clinical substance abuse counselor; 7) a
chiropractor; 8) a physical therapist; 9) a podiatrist; 10) a dietitian; 11) an athletic
trainer; 12) an occupational therapist; 13) an optometrist; 14) an acupuncturist; 15)
a speech-language pathologist or audiologist; or 16) a massage or bodywork
therapist. Generally, these practitioners may practice in this state and DSPS must
grant them a temporary credential if they apply for a temporary credential within
30 days of beginning to practice for a health care employer.
The bill also specifies that a health care provider granted a temporary
credential under the bill may provide services through telehealth to a patient located
in this state.
Current law generally prohibits a person from engaging in certain health
care-related practices without holding a required credential.
Authorizing first- and second-year pharmacy students to administer
vaccines
Current law authorizes pharmacy students who have completed two years of
pharmacy school to administer vaccines under the supervision of a pharmacist. The
bill authorizes pharmacy students in their first or second year of pharmacy school
to administer vaccines under the supervision of a pharmacist. A first- or
second-year pharmacy student must complete 12 hours of training in vaccine
storage, protocols, administration technique, emergency procedures, and record
keeping to administer vaccines under the bill.
Authorizing dentists to administer COVID-19 and flu vaccines
The bill authorizes dentists to administer COVID-19 and flu vaccines. Under
current law, generally, vaccines may be administered only by physicians, physician
assistants, nurses, pharmacists, and certain pharmacy students.
To administer COVID-19 and flu vaccines under the bill, a dentist must
complete 12 hours of training on vaccine storage, protocols, administration
technique, emergency procedures, and record keeping and must have in effect
liability insurance meeting certain requirements. A dentist may not administer a
COVID-19 or flu vaccine to a child under the age of six unless the vaccine is
administered pursuant to a prescription order and the dentist completes training
that includes administering vaccines to children under the age of six. The bill also
requires a dentist who administers a COVID-19 or flu vaccine to update the
Wisconsin Immunization Registry established by DHS within seven days of
administering the vaccine.
Optional registration of third-party logistics providers
The bill creates an optional license for third-party logistics providers that are
located in the state or are located outside the state but provide third-party logistics
provider services in the state. A third-party logistics provider is defined under
current law as a person that contracts with a prescription drug manufacturer to
provide or coordinate warehousing, distribution, or other services on behalf of the
manufacturer but that does not take title to the manufacturer's prescription drug or
have general responsibility to direct the prescription drug's sale or disposition.
The bill requires an applicant for a third-party logistics provider license to
submit certain information prior to licensure, including proof of a recent facility
inspection, and a personal statement relating to a designated representative of the
facility. The license created by this bill will no longer apply if the federal Food and
Drug Administration establishes a licensing program for third-party logistics
providers under federal law and the Pharmacy Examining Board determines that
state licensure is not required for a resident third-party logistics provider to provide
third-party logistics services in another state.
The bill also directs the Pharmacy Examining Board to promulgate rules that
regulate third-party logistics providers and out-of-state third-party logistics
providers consistent with federal law. The authority of the Pharmacy Examining
Board to promulgate rules is restricted to only rules that are equivalent to
requirements under federal law, and only rules that do not mandate licensing under
state law.
The bill requires the Pharmacy Examining Board to issue interim licenses for
third-party logistics providers and out-of-state third-party logistics providers
between the date of enactment until permanent or emergency rules take effect,
whichever is sooner, if, in the opinion of the board, the applicant is currently in
compliance with federal law relating to third-party logistics providers. An interim
license to act as a third-party logistics provider or out-of-state third-party logistics
provider expires 90 days after the date that emergency rules take effect, or 90 days
after the date that permanent rules take effect, whichever is sooner. No fee is
required for an interim license to act as a third-party logistics provider or an
out-of-state third-party logistics provider.
Finally, the bill requires third-party logistics providers, whether or not
licensed under the bill, to cooperate with inspections of their facilities and delivery
vehicles.
state and local government
Extension of term or duration of certain approvals
The bill extends the term or duration of certain approvals that are the subject
of administrative or judicial proceedings that may result in the invalidation,
reconsideration, or modification of the approval. The terms or durations are
extended by an amount of time equal to 36 months plus the duration of the
administrative or judicial proceeding to which the covered approval is subject. The
approvals covered under the bill are, with certain exceptions, 1) unexpired permits
or approvals for construction projects issued by DSPS, the Department of Natural
Resources, the Department of Transportation, a political subdivision, or a special
purpose district and 2) plats or certified survey map approvals. The extension is
exercised by the holder of the approval notifying the governmental unit that issued
the approval of the person's decision to exercise the extension not less than 90 days
before the expiration of the unextended term or duration of the approval. In general,
the laws, regulations, ordinances, rules, or other properly adopted requirements that
were in effect at the time the approval was issued continue to apply to the
construction project, plat, or certified survey map during the period of extension.
Legislative oversight of federal COVID-19 funds
Under current law, with exceptions, the governor is authorized to receive and
direct the expenditure of all federal funds received by the state. The bill increases
the legislature's role in approving the expenditure of federal funds that are received
by the state between the effective date of this bill and June 30, 2021 that relate to
COVID-19 activities. Under the bill, as soon as practical after the receipt of any
federal funds related to COVID-19 that are made available to the state, the governor
must submit to JCF for a 14-day passive review a plan for the expenditure of the
funds.
Plan to reopen state capitol and for state employees to return to in-person
employment
This bill requires the governor to submit to the legislature by January 31, 2021,
a plan to open the state capitol to the public and to have state employees return to
in-person employment.
taxation
Interest and penalties on late property tax payments
Under current law, a late installment payment of property taxes is subject to
interest and penalties, with the interest accruing from February 1 of the year in
which the taxes are due. For property taxes payable in 2020, if an installment
payment due after April 1, 2020, is late, current law allows a municipality to
temporarily waive the interest and penalties in cases of hardship. The entire amount
due must be paid no later than October 1, 2020, and both the county and municipality
must adopt resolutions authorizing the waiver.
The bill allows municipalities to similarly waive interest and penalties on late
installment payments of property taxes payable in 2021. Under the bill, for an
installment payment due after April 1, 2021, that is late, a municipality may waive
the interest and penalties if the municipality makes a general or case-by-case
finding of hardship and the total amount due is paid no later than October 1, 2021.
A municipality may waive the interest and penalties only if the county first adopts
a resolution authorizing the waiver and establishing criteria for determining
hardship and the municipality then adopts a similar resolution. Under the bill,
interest and penalties will accrue from October 1, 2021, for any property taxes
payable in 2021 that are delinquent after that date.
The bill requires a county that adopts a waiver resolution to settle the taxes,
interest, and penalties collected before August 1, 2021, on August 20, 2021, and to
settle the remaining unpaid taxes, interest, and penalties on September 20, 2021.
The August 20, 2021, settlement must be distributed proportionally to the
underlying taxing jurisdictions.
Claims to recover property taxes
Current law allows a person to file a claim to recover the unlawful imposition
of property taxes, a claim for the excessive assessment of property taxes, or a claim
to recover property taxes paid in protest due to an outstanding contested assessment.
However, no person may file a claim unless the person has paid his or her property
taxes on time. Current law provides an exception from this requirement for taxes
due and payable in 2020 if paid by October 1, 2020, or a later applicable installment
date.
The bill creates a similar exception for property taxes due and payable in 2021.
Under the bill, the timely payment requirement does not apply to these taxes if paid
by October 1, 2021, or a later applicable installment date.
