AB31: Bill Text

AB31,56 Section 56 . 108.07 (5) (bm) 3. b. of the statutes is amended to read:

AB31,30,18 108.07 (5) (bm) 3. b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits shall be paid in the manner provided under par. (am) 1. The secretary of administration may transfer any amount from the unencumbered balance of any appropriation of an executive branch agency to the appropriation under s. 20.445 (1) (gd). The transfers made under this subsection may not exceed the amount required to make the payments required under this subd. 3. b.

AB31,57 Section 57 . 115.385 (6) of the statutes is amended to read:

AB31,30,22 115.385 (6) The department shall may not publish a school and school district accountability report under this section in the 2020-21 and 2021-22 school year years.

AB31,58 Section 58 . 115.415 (1) (b) of the statutes is amended to read:

AB31,31,5 115.415 (1) (b) For the evaluation of teachers and principals in the 2019-20 and 2020-21 school year years, the school board and the operator of a charter school established under s. 118.40 (2r) may not consider pupil performance on statewide assessments administered under s. 118.30 in the 2019-20 or 2020-21 school year and may not include pupil performance on those assessments in the evaluation score assigned to a teacher or principal under the educator effectiveness evaluation system developed under this section.

AB31,59 Section 59 . 115.437 (2) (b) of the statutes is repealed and recreated to read:

AB31,31,10 115.437 (2) (b) Notwithstanding sub. (1), for purposes of calculating aid paid under par. (a) in the 2020-21, 2021-22, and 2022-23 school years, the number of pupils enrolled in a school district in the 2020-21 school year is the greater of the following:

AB31,31,12 1. The number of pupils enrolled, as defined in sub. (1), in the school district in the 2019-20 school year.

AB31,31,14 2. The number of pupils enrolled, as defined in sub. (1), in the school district in the 2020-21 school year.

AB31,60 Section 60 . 120.13 (2) (g) of the statutes is amended to read:

AB31,31,19 120.13 (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).

AB31,61 Section 61 . 140.145 (10) (a) of the statutes is amended to read:

AB31,31,24 140.145 (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 from the effective date of this paragraph .... [LRB inserts date], to December 31, 2021.

AB31,62 Section 62 . 140.145 (10) (b) of the statutes is amended to read:

AB31,32,5 140.145 (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 from the effective date of this paragraph .... [LRB inserts date], to December 31, 2021.

AB31,63 Section 63 . 185.983 (1) (intro.) of the statutes is amended to read:

AB31,32,14 185.983 (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:

AB31,64 Section 64 . 252.02 (8) of the statutes is created to read:

AB31,32,19 252.02 (8) The department may issue an order prohibiting the commencement of any action for eviction under chs. 704 and 799 or for foreclosure under ch. 846 for any period before January 1, 2022. An order issued under this subsection may be applicable statewide or may be geographically limited.

AB31,65 Section 65 . 323.19 (3m) of the statutes is created to read:

AB31,33,2 323.19 (3m) Based on guidance provided by the secretary of health services, during the period beginning on the effective date of this subsection .... [LRB inserts date], and ending on December 31, 2021, 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 for the purposes of s. 40.26 (7).

AB31,66 Section 66 . 323.19 (3p) of the statutes is created to read:

AB31,33,5 323.19 (3p) The secretary of health services shall determine which workers are critical workers for the purposes of s. 102.03 (7).

AB31,67 Section 67 . 323.19 (4) (b) of the statutes is amended to read:

AB31,33,14 323.19 (4) (b) During the public health emergency declared on March 12, 2020, by executive order 72 period beginning on the effective date of this paragraph .... [LRB inserts date], and ending on December 31, 2021, the head or governing body of a state entity may waive a statutory or other requirement imposed, administered, or enforced by the state entity that an individual appear in person 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.

AB31,68 Section 68 . 323.267 of the statutes is created to read:

AB31,33,17 323.267 Waivers of certain interest, penalties, and payments. (1) In this section:

AB31,33,22 (a) “Agency” means any office, department, 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, including any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, but not including the legislature or the courts.

AB31,33,24 (b) “Debtor" means a person who owes a debt to an agency or a local governmental unit.

AB31,34,2 (c) “Effective period” means the period beginning on the effective date of this paragraph .... [LRB inserts date], and ending on December 31, 2021.

AB31,34,6 (d) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB31,34,9 (2) Each agency and local governmental unit may waive any interest, penalty, or payment of a debtor that accrues or becomes due during the effective period with respect to a debt the debtor owes the agency or local governmental unit.

AB31,69 Section 69 . 323.2912 of the statutes is amended to read:

AB31,34,17 323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared period beginning on March 12, 2020, by executive order 72 and ending on December 31, 2021.

AB31,70 Section 70 . 323.2913 of the statutes is amended to read:

AB31,35,2 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during the public health emergency declared period beginning on March 12, 2020, by executive order 72 and ending on December 31, 2021. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee's final pay.

AB31,71 Section 71 . 440.08 (2) (a) 69g. of the statutes is created to read:

AB31,35,5 440.08 (2) (a) 69g. Third-party logistics provider: July 1 of each even-numbered year.

AB31,72 Section 72 . 440.15 of the statutes is amended to read:

AB31,35,11 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4., 450.071 (3) (c) 9., and 450.075 (3) (c) 9., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

AB31,73 Section 73 . 450.01 (11m) of the statutes is amended to read:

AB31,35,15 450.01 (11m) “Facility" means a location where a wholesale distributor or 3rd-party logistics provider stores, distributes, handles, repackages, or offers for sale other services related to prescription drugs.

AB31,74 Section 74 . 450.01 (13w) of the statutes is created to read:

AB31,35,22 450.01 (13w) “Out-of-state 3rd-party logistics provider” means a person located outside this state that contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services within this state 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.

AB31,75 Section 75 . 450.01 (21s) of the statutes is amended to read:

AB31,36,3 450.01 (21s) “Third party Third-party logistics provider" means 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.

AB31,76 Section 76 . 450.01 (23) (p) of the statutes is created to read:

AB31,36,6 450.01 (23) (p) The services of a 3rd-party logistics provider or out-of-state 3rd-party logistics provider.

AB31,77 Section 77 . 450.02 (1) of the statutes is amended to read:

AB31,36,13 450.02 (1) The department shall keep a record of the proceedings and a register of the names and places of practice or business of pharmacies, manufacturers, wholesale distributors, 3rd-party logistics providers, out-of-state 3rd-party logistics providers, and other persons licensed under this chapter, and the books, registers and records of the department shall be prima facie evidence of the matters recorded.

AB31,78 Section 78 . 450.075 of the statutes is created to read:

AB31,36,20 450.075 Third-party logistics providers; licensure. (1) License allowed. A person acting as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider of any drug or device may apply to obtain a license from the board under this section. Where operations are conducted at more than one facility, a person acting as a 3rd-party logistics provider or out-of-state 3rd-party logistics provider may apply to obtain a license from the board for each such facility.

AB31,36,23 (2) Application. An applicant for a license under this section shall submit a form provided by the board showing all of the following and swear or affirm the truthfulness of each item in the application:

AB31,36,24 (a) The name, business address, and telephone number of the applicant.

AB31,36,25 (b) All trade or business names used by the applicant.

AB31,37,3 (c) Names, addresses, and telephone numbers of contact persons for all facilities used by the applicant for the warehousing, distribution, or other services on behalf of the manufacturer of prescription drugs.

AB31,37,4 (d) The type of ownership or operation for the applicant's business.

AB31,37,6 (e) If the applicant's 3rd-party logistics provider business is a partnership, the name of each partner and the name of the partnership.

AB31,37,9 (f) If the applicant's 3rd-party logistics provider business is a corporation, the name of each corporate officer and director, the name of the corporation, and the state of incorporation.

AB31,37,11 (g) If the applicant's 3rd-party logistics provider business is a sole proprietorship, the name of the sole proprietor and the name of the business entity.

AB31,37,13 (h) A list of all licenses and permits issued to the applicant by any other state that authorizes the applicant to warehouse or distribute prescription drugs.

AB31,37,14 (i) The name, address, and telephone number of a designated representative.

AB31,37,16 (j) For the person identified as the designated representative in par. (i), a personal information statement that contains all of the following:

AB31,37,17 1. The person's date and place of birth.

AB31,37,19 2. The person's place of residence for the 7-year period immediately preceding the date of the application.

AB31,37,21 3. The person's occupations, positions of employment, and offices held during the 7-year period immediately preceding the date of the application.

AB31,37,23 4. The name and addresses for each business, corporation, or other entity listed in subd. 3.

AB31,38,2 5. A statement indicating whether the person has been, during the 7-year period immediately preceding the date of the application, the subject of any proceeding for the revocation of any business or professional license and the disposition of the proceeding.

AB31,38,7 6. A statement indicating whether the person has been, during the 7-year period immediately preceding the date of the application, enjoined by a court, either temporarily or permanently, from possessing, controlling, or distributing any prescription drug, and a description of the circumstances surrounding the injunction.

AB31,38,12 7. A description of any involvement by the person during the past 7 years with any business, including investments other than the ownership of stock in a publicly traded company or mutual fund, that manufactured, administered, prescribed, distributed, or stored pharmaceutical products or drugs, and a list of any lawsuits in which such a business was named as a party.

AB31,38,18 8. A description of any misdemeanor or felony criminal offense of which the person was, as an adult, found guilty, whether adjudication of guilt was withheld or the person pleaded guilty or no contest. If the person is appealing a criminal conviction, the application shall include a copy of the notice of appeal, and the person shall submit a copy of the final disposition of the appeal not more than 15 days after a final disposition is reached.

AB31,38,20 9. A photograph of the person taken within the 12-month period immediately preceding the date of the application.

AB31,38,25 (k) A statement that each facility used by the applicant for 3rd-party logistics provider services has been inspected in the 3-year period immediately preceding the date of the application by the board, a pharmacy examining board of another state, the National Association of Boards of Pharmacy, or another accrediting body recognized by the board, with the date of each such inspection.

AB31,39,3 (3) Licensure. The board shall grant a license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of the following apply:

AB31,39,4 (a) The applicant pays the fee specified in s. 440.05 (1).

AB31,39,7 (b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party logistics providers.

AB31,39,9 (c) All of the following apply to each person identified by the applicant as a designated representative:

AB31,39,10 1. The person is at least 21 years old.

AB31,39,13 2. The person has been employed full time for at least 3 years in a pharmacy or with a wholesale prescription drug distributor in a capacity related to the dispensing of and distribution of, and record keeping related to, prescription drugs.

AB31,39,14 3. The person is employed by the applicant full time in a managerial position.

AB31,39,20 4. The person is physically present at the 3rd-party logistics provider's or out-of-state 3rd-party logistics provider's facility during regular business hours and is involved in and aware of the daily operation of the 3rd-party logistics provider or the out-of-state 3rd-party logistics provider. This subdivision does not preclude the person from taking authorized sick leave and vacation time or from being absent from the facility for other authorized business or personal purposes.

AB31,39,22 5. The person is actively involved in and aware of the daily operation of the 3rd-party logistics provider or the out-of-state 3rd-party logistics provider.

AB31,40,2 6. The person is a designated representative for only one applicant at any given time. This subdivision does not apply if more than one 3rd-party logistics provider or out-of-state 3rd-party logistics provider is located at the facility and the 3rd-party logistics providers or out-of-state 3rd-party logistics providers located at the facility are members of an affiliated group.

AB31,40,4 7. The person has not been convicted of violating any federal, state, or local law relating to distribution of a controlled substance.

AB31,40,5 8. The person has not been convicted of a felony.

AB31,40,10 9. The person submits to the department 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints. The department of justice shall provide for the submission of the fingerprint cards to the federal bureau of investigation for purposes of verifying the identity of the person and obtaining the person's criminal arrest and conviction record.

AB31,40,12 (d) The applicant satisfies any other requirements established by the board by rule.

AB31,40,18 (4) Rules. The board shall promulgate rules implementing this section. The rules shall ensure compliance with the federal drug supply chain security act, 21 USC 360eee, et seq. The board may not promulgate rules that impose requirements more strict than the federal drug supply chain security act, or any regulations passed under the federal drug supply chain security act. The board may not promulgate rules that require a license under this section.