This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB1038-SSA1,19,621 39.435 (2) The board shall award talent incentive grants to uniquely needy
22students enrolled at least half-time as first-time freshmen at public and private
23nonprofit institutions of higher education located in this state and to sophomores,
24juniors, and seniors who received such grants as freshmen. No grant under this
25subsection may exceed $1,800 for any academic year. The Subject to s. 39.55 (2), the

1board may award a grant under this subsection to the same student for up to 10
2semesters or their equivalent, but may not award such a grant to the same student
3more than 6 years after the initial grant is awarded to that student. A student need
4not maintain continuous enrollment at an institution of higher education to remain
5eligible for a grant under this subsection. The board shall promulgate rules
6establishing eligibility criteria for grants under this subsection.
AB1038-SSA1,38 7Section 38. 39.55 of the statutes is created to read:
AB1038-SSA1,19,9 839.55 Relief from certain grant and scholarship restrictions due to a
9qualifying emergency.
(1) In this section:
AB1038-SSA1,19,1010 (a) “Executive secretary" means the executive secretary of the board.
AB1038-SSA1,19,1211 (b) “Qualifying emergency” means a public health emergency declared under
12s. 323.10.
AB1038-SSA1,19,1313 (c) “Semester” includes any equivalent academic term or session.
AB1038-SSA1,19,17 14(2) (a) Subject to par. (b), for any grant or scholarship awarded under s. 39.30,
1539.38, 39.41, 39.435, or 39.44, the executive secretary shall exclude any semester
16that the student awarded the grant or scholarship does not complete due to a
17qualifying emergency for purposes of determining any of the following:
AB1038-SSA1,19,2018 1. Any limit on the number of semesters or years for which the student may be
19awarded the grant or scholarship, as established under this subchapter or rule
20promulgated by the board.
AB1038-SSA1,19,2321 2. Any requirement related to the student's satisfactory progress, enrollment
22status, or academic performance, as established under this subchapter or rule
23promulgated by the board.
AB1038-SSA1,20,3
1(b) The executive secretary shall take the measures specified in par. (a) if the
2executive secretary is able to do so in a manner that limits complexity and the burden
3on the student.
AB1038-SSA1,39 4Section 39 . 40.22 (1) of the statutes is amended to read:
AB1038-SSA1,20,95 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6), each
6employee currently in the service of, and receiving earnings from, a state agency or
7other participating employer shall be included within the provisions of the Wisconsin
8retirement system as a participating employee of that state agency or participating
9employer.
AB1038-SSA1,40 10Section 40 . 40.22 (2m) (intro.) of the statutes is amended to read:
AB1038-SSA1,20,1711 40.22 (2m) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee
12who was a participating employee before July 1, 2011, who is not expected to work
13at least one-third of what is considered full-time employment by the department,
14as determined by rule, and who is not otherwise excluded under sub. (2) from
15becoming a participating employee shall become a participating employee if he or she
16is subsequently employed by the state agency or other participating employer for
17either of the following periods:
AB1038-SSA1,41 18Section 41 . 40.22 (2r) (intro.) of the statutes is amended to read:
AB1038-SSA1,20,2519 40.22 (2r) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee
20who was not a participating employee before July 1, 2011, who is not expected to work
21at least two-thirds of what is considered full-time employment by the department,
22as determined by rule, and who is not otherwise excluded under sub. (2) from
23becoming a participating employee shall become a participating employee if he or she
24is subsequently employed by the state agency or other participating employer for
25either of the following periods:
AB1038-SSA1,42
1Section 42. 40.22 (3) (intro.) of the statutes is amended to read:
AB1038-SSA1,21,42 40.22 (3) (intro.) A Except as otherwise provided in s. 40.26 (6), a person who
3qualifies as a participating employee shall be included within, and shall be subject
4to, the Wisconsin retirement system effective on one of the following dates:
AB1038-SSA1,43 5Section 43 . 40.26 (1m) (a) of the statutes is amended to read:
AB1038-SSA1,21,126 40.26 (1m) (a) If Except as otherwise provided in sub. (6), if a participant
7receiving a retirement annuity, or a disability annuitant who has attained his or her
8normal retirement date, is employed in a position in covered employment in which
9he or she is expected to work at least two-thirds of what is considered full-time
10employment by the department, as determined under s. 40.22 (2r), the participant's
11annuity shall be suspended and no annuity payment shall be payable until after the
12participant terminates covered employment.
AB1038-SSA1,44 13Section 44 . 40.26 (1m) (b) of the statutes is amended to read:
AB1038-SSA1,21,2114 40.26 (1m) (b) If Except as otherwise provided in sub. (6) if, a participant
15receiving a retirement annuity, or a disability annuitant who has attained his or her
16normal retirement date, enters into a contract to provide employee services with a
17participating employer and he or she is expected to work at least two-thirds of what
18is considered full-time employment by the department, as determined under s. 40.22
19(2r), the participant's annuity shall be suspended and no annuity payment shall be
20payable until after the participant no longer provides employee services under the
21contract.
AB1038-SSA1,45 22Section 45 . 40.26 (5) (intro.) of the statutes is amended to read:
AB1038-SSA1,22,223 40.26 (5) (intro.) If Except as otherwise provided in sub. (5m), if a participant
24applies for an annuity or lump sum payment during the period in which less than 75
25days have elapsed between the termination of employment with a participating

1employer and becoming a participating employee with any participating employer,
2all of the following shall apply:
AB1038-SSA1,46 3Section 46 . 40.26 (5m) of the statutes is created to read:
AB1038-SSA1,22,94 40.26 (5m) When the governor declares a state of emergency related to a public
5health emergency under s. 323.10, sub. (5) does not apply during the state of
6emergency if at least 15 days have elapsed between the termination of employment
7with a participating employer and becoming a participating employee if the position
8for which the participant is hired is a critical position, as determined by the secretary
9of health services under s. 323.19 (3).
AB1038-SSA1,47 10Section 47 . 40.26 (6) of the statutes is created to read:
AB1038-SSA1,22,1511 40.26 (6) When the governor declares a state of emergency under s. 323.10, a
12participant who is hired during the emergency may elect to not suspend his or her
13retirement annuity or disability annuity under sub. (1m) for the duration of the state
14of emergency related to a public health emergency if all of the following conditions
15are met:
AB1038-SSA1,22,1916 (a) At the time the participant terminates his or her employment with a
17participating employer, the participant does not have an agreement with any
18participating employer to return to employment or enter into a contract to provide
19employee services for the employer.
AB1038-SSA1,22,2120 (b) The position for which the participant has been hired is a critical position,
21as determined under s. 323.19 (3).
AB1038-SSA1,48 22Section 48. 40.51 (8) of the statutes is amended to read:
AB1038-SSA1,23,223 40.51 (8) Every health care coverage plan offered by the state under sub. (6)
24shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
25(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,

1632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to
2(17), and 632.896.
AB1038-SSA1,49 3Section 49. 40.51 (8m) of the statutes is amended to read:
AB1038-SSA1,23,74 40.51 (8m) Every health care coverage plan offered by the group insurance
5board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
6632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867,
7632.871, 632.885, 632.89, and 632.895 (11) to (17).
AB1038-SSA1,50 8Section 50. 46.968 of the statutes is created to read:
AB1038-SSA1,23,10 946.968 Reimbursements for COVID-19 services. (1) Definitions. In this
10section:
AB1038-SSA1,23,1111 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,23,1212 (b) “Health care provider” has the meaning given in s. 146.81 (1).
AB1038-SSA1,23,22 13(2) Reimbursements. The department shall establish and implement a
14program, including the process and criteria, to reimburse a health care provider for
15testing or treating any individual for COVID-19 during an outbreak of COVID-19
16or for vaccinating, if a vaccine is available, an individual against COVID-19 when
17the health care provider has incurred the cost because the individual does not have
18insurance or health coverage or the testing, treatment, or vaccination is not paid for
19by a publicly administered health program such as Medicare or the Medical
20Assistance program or another party. The department may not pay a reimbursement
21to a health care provider under the program established under this subsection unless
22all of the following have been satisfied:
AB1038-SSA1,23,2523 (a) A determination has been made whether the individual for whom the health
24care provider seeks reimbursement for testing, treatment, or vaccination is eligible
25for the Medical Assistance program under subch. IV of ch. 49.
AB1038-SSA1,24,4
1(b) All other sources of reimbursement for the testing, treatment, or
2vaccination, including any reimbursement of the health care provider from a public
3health and social services emergency fund administered by the federal government,
4have been exhausted.
AB1038-SSA1,51 5Section 51 . 48.026 of the statutes is created to read:
AB1038-SSA1,24,8 648.026 Public health emergency. During a public health emergency
7declared by the governor under s. 323.10, including any extension, all of the following
8apply:
AB1038-SSA1,24,11 9(1) Notwithstanding ss. 48.217 (2), 48.357 (2) (c), and 48.437 (2), in emergency
10situations, a child may be placed in a licensed public or private shelter care facility
11as a transitional placement for not more than 40 days.
AB1038-SSA1,24,13 12(2) The department may waive the preadoption training requirement under s.
1348.84 (2g) (a).
AB1038-SSA1,24,16 14(3) Notwithstanding s. 48.62 (1) or rules promulgated by the department under
15that section, a licensed foster care may receive more than 4 children if the
16department determines it is necessary.
AB1038-SSA1,24,19 17(4) Notwithstanding ss. 48.02 (7), 48.625 (1), and 938.02 (7), the maximum
18number of children that a person with a license to operate a group home may receive
19is 10 if the department determines it is necessary.
AB1038-SSA1,24,23 20(5) Notwithstanding s. 48.66 (5), the department may waive the requirement
21under that section to submit an application for continuance of a license 30 days before
22its expiration date and to submit payment of the applicable fees referred to in ss.
2348.68 (1), 48.685 (8), and 48.686 (2) (ag).
AB1038-SSA1,25,3
1(6) Notwithstanding s. 48.75 (1d), a foster home license issued under that
2subsection that expires during a public health emergency may be extended beyond
32 years from the date of issuance.
AB1038-SSA1,25,5 4(7) Notwithstanding s. 48.75 (1g) (a), a public licensing agency may license a
5foster home in another county.
AB1038-SSA1,25,9 6(8) Notwithstanding ss. 48.06 (2) (a) and 48.981 (3) (cr), upon request and on
7behalf of the county department in a county with a population of less than 750,000,
8the department may provide intake services required by s. 48.067 and any duty of
9the county under s. 48.981.
AB1038-SSA1,52 10Section 52 . 49.175 (1) (x) of the statutes is created to read:
AB1038-SSA1,25,1311 49.175 (1) (x) Public health emergency programs. For the public health
12emergency programs under s. 49.259 (2) (a) and (3), $100,000,000 in the 2019-21
13fiscal biennium.
AB1038-SSA1,53 14Section 53 . 49.175 (1) (zh) of the statutes is amended to read:
AB1038-SSA1,25,1815 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of
16moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation
17account under s. 20.835 (2) (kf) for the earned income tax credit, $69,700,000 in each
18fiscal year 2019-20 and $86,700,000 in fiscal year 2020-21.
AB1038-SSA1,54 19Section 54 . 49.175 (2) (b) of the statutes is created to read:
AB1038-SSA1,25,2320 49.175 (2) (b) Notwithstanding par. (a), during a state of emergency related to
21public health declared by the governor under s. 323.10, the department may
22reallocate funds that are allocated under a paragraph under sub. (1) for the purpose
23specified in sub. (1) (x), but not vice versa.
AB1038-SSA1,55 24Section 55 . 49.259 of the statutes is created to read:
AB1038-SSA1,26,3
149.259 Public health emergency grant programs. (1) Definition. In this
2section, “public health emergency” means a state of emergency related to public
3health declared by the governor under s. 323.10.
AB1038-SSA1,26,5 4(2) Grant programs. (a) Critical workforce child care grant program. 1. In
5this paragraph:
AB1038-SSA1,26,116 a. “Critical workforce member” means an employee, contractor, or other staff
7person working in a vital sector, including health care; child welfare; long-term care;
8residential care; pharmacy; child care; government operations; critical
9infrastructure, such as sanitation, transportation, utilities, telecommunications,
10grocery, and food services; supply chain operations; and other sectors as determined
11by the department.
AB1038-SSA1,26,1312 b. “First responder” means an employee of or volunteer for an agency that
13provides fire fighting, law enforcement, medical, or other emergency services.
AB1038-SSA1,26,2314 2. The department shall make grants available to entities that employ, contract
15with, or have as volunteers critical workforce members to help pay for or reimburse
16eligible child care costs. Eligible child care costs are those child care costs that are
17due to the public health issue that is the basis of a public health emergency and that
18are incurred during that public health emergency. Eligible child care costs include
19the cost to establish a temporary facility to provide care and supervision for children
20of critical workforce members or the cost to pay for a slot in an existing facility that
21provides care and supervision of children. The department shall prioritize grants
22that assist health care workers and first responders and may award grants that
23assist other critical workforce members at its discretion.
AB1038-SSA1,27,524 3. The department shall make grants available to child care providers certified
25under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed

1under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for
2providing care and supervision for children of critical workforce members during a
3public health emergency. The department shall prioritize grants that assist health
4care workers and first responders and may award grants that assist other critical
5workforce members at its discretion.
AB1038-SSA1,27,136 (b) Grant program for child care hazard pay. The department shall make
7monthly grants available to child care providers certified under s. 48.651 and child
8care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or
9established or contracted for under s. 120.13 (14) to pay for providing hazard pay to
10employees who work during a public health emergency. Whether or not a child care
11center or child care provider provides child care services to individuals who are
12eligible for subsidies under s. 49.155 does not affect eligibility for grants under this
13paragraph.
AB1038-SSA1,27,2314 (c) Grant program for closure of child care centers or providers. During a public
15health emergency, the department shall make monthly grants available to child care
16providers certified under s. 48.651 and child care centers licensed under s. 48.65,
17provisionally licensed under s. 48.69, or established or contracted for under s. 120.13
18(14) that cease operating because of a public health issue that is the basis of the public
19health emergency. Grants under this paragraph may be made only to cover costs of
20lost revenue from child care services that would otherwise have been provided to
21individuals who are not eligible for child care subsidies under s. 49.155 and only if
22those individuals are not charged for child care services while the child care provider
23or child care center is closed during the public health emergency.
AB1038-SSA1,28,224 (d) Congregate care facility grant program. The department shall make grants
25available to congregate care facilities, as defined under s. 48.685 (1) (ao), for the costs

1of addressing workforce shortages and other needs to keep facilities operational
2during a public health emergency.
AB1038-SSA1,28,3 3(3) Wisconsin Works eligibility. (a) Definitions. In this subsection :
AB1038-SSA1,28,44 1. “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).
AB1038-SSA1,28,55 2. “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).
AB1038-SSA1,28,106 (b) Expanded Wisconsin Works program. 1. During a public health emergency,
7an individual who is facing an immediate and discrete financial crisis due to the
8pandemic is eligible for a cash benefit payment of $653 per month under the
9Wisconsin Works program. An individual is eligible for a cash benefit payment under
10this paragraph if all of the following apply:
AB1038-SSA1,28,1311 a. The individual's place of employment closes, the individual is furloughed or
12temporarily laid off, or the individual misses work due to a lack of available child care
13as a result of the public health issue that is the basis of the public health emergency.
AB1038-SSA1,28,1614 b. The individual meets the eligibility criteria under s. 49.145 (2), except that
15the requirements under s. 49.145 (2) (h), (hm), (n), and (q) do not apply to a cash
16benefit payment under this paragraph.
AB1038-SSA1,28,2017 c. The individual is a member of a Wisconsin Works group whose gross income
18is at or below 200 percent of the poverty line. In calculating gross income under this
19subdivision, the Wisconsin Works agency shall include the income specified in s.
2049.145 (3) (b) 1. and 3.
AB1038-SSA1,28,2521 2. Notwithstanding s. 49.159 (1) (a) 1. to 4., during a public health emergency,
22a noncustodial parent is eligible to receive services and benefits under s. 49.159 (1)
23(b) regardless of whether or not the custodial parent participates in a Wisconsin
24Works employment position or receives services or benefits under s. 49.147 (2) (am),
2549.148 (1m), or 49.155.
AB1038-SSA1,29,4
1(c) Expanded job access loans. 1. During a public health emergency, an
2individual who is facing an immediate and discrete financial crisis due to the
3pandemic is eligible for a job access loan under s. 49.147 (6) if all of the following
4apply:
AB1038-SSA1,29,75 a. The individual meets the eligibility criteria under s. 49.145 (2), except that,
6notwithstanding s. 49.145 (2) (a), an individual who is a custodial or noncustodial
7parent is eligible for a loan under this paragraph.
AB1038-SSA1,29,118 b. The individual is a member of a Wisconsin Works group whose gross income
9is at or below 200 percent of the poverty line. In calculating gross income under this
10subd. 1. b., the Wisconsin Works agency shall include the income specified in s.
1149.145 (3) (b) 1. and 3.
AB1038-SSA1,29,1212 c. The individual meets the eligibility criteria under s. 49.147 (6) (a) 1. to 4.
AB1038-SSA1,29,1413 2. Notwithstanding s. 49.147 (6) (b) 1., the maximum loan amount for a job
14access loan under subd. 1. is $1,600.
AB1038-SSA1,29,1615 3. During a public health emergency, all payments on job access loans under
16this paragraph and s. 49.147 (6) are suspended.
AB1038-SSA1,29,2017 (d) Expanded emergency assistance. During a public health emergency, an
18individual who suffers a loss of income due to the public health issue that is the basis
19of the public health emergency is eligible for emergency assistance under s. 49.138.
20All of the following apply to emergency assistance under this paragraph:
AB1038-SSA1,30,421 1. An individual who meets the criteria established in the rules promulgated
22by the department under s. 49.138 (1d) (b) qualifies for emergency assistance under
23this paragraph, except that, notwithstanding those rules, an individual who is 18 to
2424 years of age and is not a parent or caretaker may apply for emergency assistance
25under this paragraph and an individual who is a member of an emergency assistance

1group with a gross income that is at or below 200 percent of the poverty line is eligible
2for emergency assistance under this paragraph. In calculating gross income under
3this subdivision, the Wisconsin Works agency shall include the income specified in
4s. 49.145 (3) (b) 1. and 3.
AB1038-SSA1,30,65 2. Notwithstanding s. 49.138 (1m), the maximum payment for emergency
6assistance under this paragraph is $1,200.
AB1038-SSA1,30,117 3. The department shall establish a streamlined eligibility verification process
8for the purposes of administering this paragraph. Notwithstanding ss. 227.01 (3m)
9and (13), 227.10, and 227.112, the streamlined eligibility verification process under
10this subdivision need not be promulgated as rules under ch. 227, is not a guidance
11document, and is not subject to the requirements of s. 227.112.
AB1038-SSA1,30,1312 4. An individual may receive emergency assistance under this paragraph only
13once in a 12-month period.
AB1038-SSA1,30,1514 5. An individual may qualify for both emergency assistance under s. 49.138 and
15expanded emergency assistance under this paragraph in the same 12-month period.
AB1038-SSA1,30,2116 (e) Expanded Wisconsin Shares program. 1. Notwithstanding programmatic
17and eligibility requirements under s. 49.155 and rules promulgated under that
18section, to the extent authorized under a plan amendment, waiver, or other federal
19approval under subd. 2., an individual who needs child care services due to the public
20health issue that is the basis of a public health emergency may receive a subsidy
21under s. 49.155 for child care services received during that public health emergency.
AB1038-SSA1,31,722 2. No later than 60 days after the governor declares a public health emergency,
23the department shall submit to the federal department of health and human services
24any request for a state plan amendment, waiver, or other federal approval necessary
25to expand eligibility, as determined by the department, for the child care subsidy

1program under s. 49.155 to individuals who need child care services due to the public
2health issue that is the basis of the public health emergency. If the federal
3department approves the request or if no federal approval is necessary, the
4department shall expand eligibility for the child care subsidy program under s.
549.155 as provided under subd. 1. If the federal department disapproves the request,
6the department may not expand eligibility for the child care subsidy program under
7s. 49.155 as provided under subd. 1.
Loading...
Loading...