Amendment SSA1-AB1

AB1-SSA1,32,21 895.476 Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19. (1) In this section:

AB1-SSA1,32,24 (a) “COVID-19” means the infection caused by the novel coronavirus SARS-CoV-2 or by any viral strain originating from SARS-CoV-2, and conditions associated with the infection.

AB1-SSA1,33,5 (b) “Entity” means a partnership, corporation, association, governmental entity, tribal government, tribal entity, or other legal entity, including a school, institution of higher education, or nonprofit organization. “Entity” includes an employer or business owner, employee, agent, or independent contractor of the entity, regardless of whether the person is paid or an unpaid volunteer.

AB1-SSA1,33,10 (2) Beginning March 1, 2020, an entity is immune from civil liability for the death of or injury to any individual or damages caused by an act or omission resulting in or relating to exposure, directly or indirectly, to the novel coronavirus identified as SARS-CoV-2 or COVID-19 in the course of or through the performance or provision of the entity's functions or services.

AB1-SSA1,33,15 (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct. Noncompliance with any applicable national, state, or local order requiring entities to close or limit capacity does not constitute reckless or wanton conduct or intentional misconduct for purposes of this section.

AB1-SSA1,33,18 (4) Immunity under this section is in addition to, not in lieu of, other immunity granted by law, and nothing in this section limits immunity granted under any other provision of law, including immunity granted under s. 893.80 (4).

AB1-SSA1,43 Section 43. 895.4801 (2) (a) (intro.) of the statutes is created to read:

AB1-SSA1,33,20 895.4801 (2) (a) (intro.) One of the following applies:

AB1-SSA1,44 Section 44 . 895.4801 (2) (a) of the statutes is renumbered 895.4801 (2) (a) 1.

AB1-SSA1,45 Section 45 . 895.4801 (2) (a) 2. of the statutes is created to read:

AB1-SSA1,34,3 895.4801 (2) (a) 2. Beginning on July 10, 2020, the action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during any public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus or the 90 days after the expiration of such an emergency.

AB1-SSA1,46 Section 46 . 895.4801 (2) (b) 1. of the statutes is amended to read:

AB1-SSA1,34,7 895.4801 (2) (b) 1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).

AB1-SSA1,9101 Section 9101. Nonstatutory provisions; Administration.

AB1-SSA1,34,9 (1) Position transfers.

AB1-SSA1,34,11 (a) In this subsection, “state agency” means any office, commission, board, department, or independent agency in the executive branch of state government.

AB1-SSA1,34,17 (b) The secretary of administration 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 transfer by the secretary under this paragraph shall remain in effect until rescinded by the secretary or June 30, 2021, whichever occurs first.

AB1-SSA1,34,22 (c) If an employee is transferred under par. (b), the receiving agency may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the receiving agency and the transferring agency may not increase the employee's salary at the time the employee returns to the transferring agency.

AB1-SSA1,35,3 (d) The secretary of administration shall submit a report to the joint committee on finance no later than June 1, 2021, that provides information on all employee transfers, both permanent and temporary, under par. (b ). The report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the receiving agency, and the reasons for each employee transfer.

AB1-SSA1,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB1-SSA1,35,10 (1) Child care and development fund block grant funds. The federal Child Care and Development Fund block grant funds received under the federal Consolidated Appropriations Act, 2021, P.L. 116-260, shall be credited to the appropriations under s. 20.437 (1) (mc) and (md). No moneys credited under this subsection may be encumbered or expended except as provided under s. 16.54 (2) (a) 2.

AB1-SSA1,9119 Section 9119. Nonstatutory provisions; Health Services.

AB1-SSA1,35,12 (1) Payment for hospitals for nursing facility care.

AB1-SSA1,35,16 (a) In this subsection, “public health emergency period” means the period ending on June 30, 2021, or the termination of any public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus, whichever is earlier.

AB1-SSA1,35,21 (b) During the public health emergency period, subject to par. (c), the department of health services shall provide, under the Medical Assistance program, reimbursement at the statewide average per-diem rate paid to nursing facilities or a supplemental payment to hospitals for providing nursing-facility-level care when all of the following criteria apply:

AB1-SSA1,36,2 1. The individual for whom the hospital provided nursing-facility-level care is enrolled in the Medical Assistance program, has been admitted on an inpatient basis to the hospital, is eligible for discharge after receiving care in the hospital, requires nursing-facility-level care upon discharge, and due to the hospital being unable to locate a nursing facility that accepts the individual for admission, is unable to be transferred to a nursing facility.

AB1-SSA1,36,4 2. The services provided to the individual described under subd. 1 . are custodial care for which federal financial participation is approved.

AB1-SSA1,36,6 3. The hospital notifies the department of health services that it is participating as a swing bed hospital under the Medical Assistance program.

AB1-SSA1,36,14 (c) The department of health services shall use the same standards and criteria for determining whether a hospital is eligible for reimbursement or a supplemental payment under par. (b) as are used by the federal Medicare program under 42 USC 1395 et seq. for the payment for use of swing beds or, for any hospital that is not a critical access hospital, under the terms of a federal waiver approved under section 1135 of the federal social security act. The department shall seek any approval from the federal government necessary to implement the reimbursement under this subsection.

AB1-SSA1,36,15 (2) Payment for outpatient services provided by hospitals.

AB1-SSA1,36,21 (a) Until the conclusion of a public health emergency declared under 42 USC 247d 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, the department of health services shall provide reimbursement or a supplemental payment under the Medical Assistance program to a hospital for providing any outpatient service when all of the following criteria are satisfied:

AB1-SSA1,36,25 1. The facility at which the outpatient service is performed is operated by the hospital and certified under the Medicare program under 42 USC 1395 et seq., including under the terms of a federal waiver approved under section 1135 of the federal social security act, for outpatient services.

AB1-SSA1,37,3 2. The outpatient service is reimbursable when provided in the hospital's inpatient facility but is not provided at the inpatient facility due to reasons associated with the 2019 novel coronavirus pandemic.

AB1-SSA1,37,5 3. The outpatient service is one for which federal financial participation is approved.

AB1-SSA1,37,7 (b) The department of health services may not include in a reimbursement under par. (a) payments under s. 49.45 (3) (e) 11. or 12. or (59).

AB1-SSA1,37,10 (c) The department of health services shall seek any approval from the federal department of health and human services that is necessary to provide the reimbursement or a supplemental payment in accordance with this subsection.

AB1-SSA1,37,16 (3) Coverage of vaccinations under SeniorCare. By January 15, 2021, the department of health services shall cover and provide reimbursement for vaccinations under the program under s. 49.688 in accordance with 2019 Wisconsin Act 185, sections 15 to 17, regardless of whether a waiver related to coverage or reimbursement of vaccinations is granted by the federal department of health and human services.

AB1-SSA1,37,17 (4) Autopsies and cremation of bodies of persons who died of COVID-19.

AB1-SSA1,37,19 (a) Definition. In this subsection, “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1-SSA1,38,2 (b) Viewing of a corpse to be cremated following death from COVID-19. Notwithstanding s. 979.10 (1) (b), until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, if any physician, coroner, or medical examiner has signed the death certificate of a deceased person and listed COVID-19 as the underlying cause of death, a coroner or medical examiner shall issue a cremation permit to cremate the corpse of that deceased person without viewing the corpse.

AB1-SSA1,38,7 (c) Time for cremation of a person who has died of COVID-19. Notwithstanding s. 979.10 (1) (a) (intro.), until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, a coroner or medical examiner shall issue, within 48 hours after the time of death, a cremation permit for the cremation of a corpse of a deceased person.

AB1-SSA1,38,17 (d) Examination of the body of an inmate who has died of COVID-19. Notwithstanding s. 979.025, until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, if an individual who has been diagnosed with COVID-19 dies while he or she is in the legal custody of the department of corrections and confined to a correctional facility located in this state, the coroner or medical examiner may perform a limited examination of the deceased individual instead of a full autopsy, which may include an external examination of the body of the deceased individual, a review of the deceased individual's medical records, or a review of the deceased individual's radiographs.

AB1-SSA1,38,24 (e) Requiring electronic signature on death certificates with 48 hours if death is caused by COVID-19. Notwithstanding s. 69.18 or any other requirements to the contrary, until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, 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.

AB1-SSA1,39,4 (5) Civil liability exemption for health care providers. The immunity granted under s. 895.4801 for actions or omissions satisfying s. 895.4801 (2) (a) 2. applies to all claims except those for which actions are filed before the effective date of this subsection.

AB1-SSA1,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB1-SSA1,39,7 (1) School district semester reports related to providing virtual instruction.

AB1-SSA1,39,8 (a) Definitions. In this subsection:

AB1-SSA1,39,9 1. “Department” means the department of public instruction.

AB1-SSA1,39,14 2. “End of semester” means the last day on which instruction is provided to pupils in a semester, as indicated on a school district's calendar. If a school district provides instruction to pupils on a basis other than semesters, the “end of the semester” means the last day of the first half of the school term, as defined in s. 115.001 (12), and the last day of the school term.

AB1-SSA1,39,17 3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.

AB1-SSA1,39,20 (b) School board reports. By no later than 30 days after the end of each semester in the 2020-21 and 2021-22 school years, each school board shall report to the department all of the following:

AB1-SSA1,39,24 1. Whether or not virtual instruction was implemented in the school district during the semester and, if implemented, in which grades it was implemented. If virtual instruction was implemented in the school district during the semester, the process for implementing the virtual instruction.

AB1-SSA1,40,5 2. Whether or not in-person instruction was provided in the school district during the semester and, if provided, in which grades was it provided. If in-person instruction was provided during the semester, for each grade in which in-person instruction was provided, the number of school days in-person instruction was provided to pupils during the semester.

AB1-SSA1,40,7 3. Any challenges or barriers the school board faced related to implementing virtual instruction during the semester.

AB1-SSA1,40,10 4. The total amount by which the school board reduced or increased expenditures in each of the following categories because the school board provided virtual instruction during the semester:

AB1-SSA1,40,11 a. Utilities.

AB1-SSA1,40,12 b. Transportation.

AB1-SSA1,40,13 c. Food service.

AB1-SSA1,40,16 d. Salary and fringe benefits for personnel, including teachers, support staff, and administrators. This category includes expenditure reductions that result from layoffs.

AB1-SSA1,40,17 e. Contract terminations.

AB1-SSA1,40,18 (c) Exceptions.

AB1-SSA1,40,21 1. In the 2021-22 school year, a school board is not required to submit a report under par. (b) for a semester in which the school board does not provide virtual instruction to pupils in lieu of in-person instruction.

AB1-SSA1,40,24 2. A school board is not required to include information related to virtual instruction provided by a virtual charter school, as defined in s. 115.001 (16), in a report required under par. (b).

AB1-SSA1,40,25 (d) Reports to the legislature.

AB1-SSA1,41,7 1. By April 1, 2021, the department shall compile and submit the information it received under par. (b) for the first semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2021, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1-SSA1,41,14 2. By April 1, 2022, the department shall compile and submit the information it received under par. (b) for the first semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2022, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1-SSA1,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

AB1-SSA1,41,17 (1) Loans to municipal utilities.

AB1-SSA1,41,18 (a) Definitions. In this subsection:

AB1-SSA1,41,19 1. “Board” means the board of commissioners of public lands.

AB1-SSA1,41,20 2. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.

AB1-SSA1,41,21 (b) Loans.

AB1-SSA1,42,2 1. The board may loan moneys under its control or belonging to the trust funds to a city, village, or town to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. The loan shall be for the sum of money, for the time, and upon the conditions as may be agreed upon between the board and the borrower.

AB1-SSA1,42,4 2. Each loan under this subsection shall be considered a state trust fund loan for purposes of s. 24.70.

AB1-SSA1,42,5 3. The board may not award a loan under this subsection after April 15, 2021.

AB1-SSA1,42,7 4. The legislature finds and determines that the loans authorized under this subsection serve a public purpose.

AB1-SSA1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB1-SSA1,42,18 (1) Emergency rules related to 3rd-party logistics providers. The pharmacy examining board may promulgate emergency rules under s. 227.24 implementing s. 450.075. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB1-SSA1,42,19 (2) Interim licensure of 3rd-party logistics providers.

AB1-SSA1,42,20 (a) In this subsection, the definitions under s. 450.01 apply.

AB1-SSA1,43,6 (b) The board shall grant an interim license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if, in the opinion of the board, the applicant is currently in compliance with federal law relating to 3rd-party logistics providers. The holder of an interim license under this subsection shall apply for a license under s. 450.075 on or after the date that emergency rules take effect under sub. (1 ), or the date on which permanent rules take effect, whichever is sooner. An interim license granted under this subsection expires 90 days after the date that emergency rules take effect under sub. (1), or 90 days after the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 440.05, no fee is required for an interim license issued under this subsection.

AB1-SSA1,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB1-SSA1,43,8 (1) Unemployment insurance; backlog and call center.

AB1-SSA1,43,9 (a) Definitions. In this subsection, the definitions in s. 108.02 apply.

AB1-SSA1,43,17 (b) Plan to address backlog of unemployment insurance claims. Not later than 30 days after the effective date of this paragraph, the department shall develop a plan for the department to reduce the number of weekly claims for benefits in process, adjudication, and appeals to levels comparable to those in January and February 2020. The plan shall include measures to ensure maintenance of program integrity and fraud detection. The department shall submit the plan to the appropriate standing committees of the legislature under s. 13.172(3) and shall publish the plan on its Internet site.

AB1-SSA1,43,23 (c) Call center. The department shall maintain a call center to provide services and support to claimants for benefits under ch. 108 or federal pandemic unemployment assistance benefits via telephone. The department shall operate the call center for 12 hours per day, 7 days per week, until the number of weekly claims in process, adjudication, and appeals is comparable to those in January and February 2020, as determined by the department.

AB1-SSA1,9151 Section 9151. Nonstatutory provisions; Other.

AB1-SSA1,44,3 (1) Civil liability exemption for certain entities. The immunity granted under s. 895.476 does not apply to actions filed before the effective date of this subsection.

AB1-SSA1,9342 Section 9342. Initial applicability; Technical College System.