Amendment SSA1-AB1038

AB1038-SSA1,111 Section 111. 323.02 (16) (intro.), (a) and (b) 2. of the statutes are amended to read:

AB1038-SSA1,50,15 323.02 (16) (intro.) “Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all any of the following criteria:

AB1038-SSA1,50,18 (a) Is believed caused or suspected to be caused by bioterrorism or a novel or previously controlled or eradicated a biological agent, toxin, bioterrorism, or other threat to health.

AB1038-SSA1,50,21 (b) 2. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.

AB1038-SSA1,112 Section 112. 323.12 (4) (f) of the statutes is created to read:

AB1038-SSA1,51,8 323.12 (4) (f) Issue orders suspending, restricting, or imposing conditions on the authority of an essential services cooperative that provides service to members located in the area to which the governor's executive order under s. 323.10 applies to disconnect or refuse to reconnect service during the state of emergency. No order issued under this paragraph may suspend, restrict, or impose conditions on the authority of an essential services cooperative to disconnect or refuse to reconnect service for reasons of safety or danger. An essential services cooperative subject to an order issued under this paragraph shall report the expenses associated with the order to the governor, and the governor shall keep such records. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under s. 16.007.

AB1038-SSA1,113 Section 113. 323.12 (4) (g) of the statutes is created to read:

AB1038-SSA1,51,21 323.12 (4) (g) Issue orders suspending, restricting, or imposing conditions on the authority of a propane retailer that sells propane in the area to which the governor's executive order under s. 323.10 applies to refuse during the state of emergency to fill the container of a customer or to maintain a minimum level of product for a customer, regardless of tank or contract type. No order issued under this paragraph may suspend, restrict, or impose conditions on the authority of a propane retailer to refuse to fill the container of a customer or to maintain a minimum level of product for a customer for reasons of safety or danger. A propane retailer subject to an order issued under this paragraph shall report the expenses associated with this order to the governor, and the governor shall keep such records. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under s. 16.007.

AB1038-SSA1,114 Section 114. 323.19 (3) of the statutes is created to read:

AB1038-SSA1,52,2 323.19 (3) Based on guidance provided by the secretary of health services, 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 when the governor declares a state of emergency related to a public health emergency under s. 323.10, for the purposes of s. 40.26 (5m) and (6) (b).

AB1038-SSA1,115 Section 115. 323.19 (4) of the statutes is created to read:

AB1038-SSA1,52,8 323.19 (4) (a) In this subsection, “state entity” means any state 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 that is entitled to expend moneys appropriated by law, including the legislature, the courts, and any authority.

AB1038-SSA1,52,14 (b) The head or governing body of a state entity may waive a requirement imposed, administered, or enforced by the state entity that an individual appear in person during a state of emergency relating to public health declared under s. 323.10, 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.

AB1038-SSA1,116 Section 116. 323.21 of the statutes is created to read:

AB1038-SSA1,52,17 323.21 Powers of the department of health services during a public health emergency. (1) In this section:

AB1038-SSA1,52,18 (a) “Department” means the department of health services.

AB1038-SSA1,52,19 (b) “State health officer” has the meaning given in s. 250.01 (9).

AB1038-SSA1,52,25 (2) Subject to the approval of the governor, the department of health services may confidentially investigate the cause and extent of any declared public health emergency, and notwithstanding s. 227.112, may issue such orders and public health advisories as it determines are necessary to protect public health. Notwithstanding any exceptions contained in s. 146.82 (2), any patient specific information collected by the department shall remain confidential.

AB1038-SSA1,53,3 (3) From the appropriation under s. 20.435 (1) (by), the department may, during a declared public health emergency, use public health emergency moneys for any of the following purposes:

AB1038-SSA1,53,6 (a) To facilitate coordination between and among federal, state, local, and tribal agencies, social services, and public and private health care entities that the state health officer determines may be affected by a public health emergency.

AB1038-SSA1,53,9 (b) To make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to a public health emergency or potential public health emergency.

AB1038-SSA1,53,12 (c) To facilitate advanced research, purchase products, and develop security measures or pandemic or epidemic products that are applicable to the public health emergency or potential emergency.

AB1038-SSA1,53,15 (d) To strengthen biosurveillance capabilities and laboratory capacity to identify, collect, and analyze information regarding the public health emergency or potential emergency.

AB1038-SSA1,53,17 (e) To support emergency operations related to the public health emergency, including investigation, education, and eradication.

AB1038-SSA1,53,19 (f) To carry out other activities as the state health officer determines applicable and appropriate.

AB1038-SSA1,53,20 (g) Create a full-time equivalent position or portion of a position under sub. (4).

AB1038-SSA1,54,2 (4) During a declared public health emergency, the department of health services may create a full-time equivalent position or portion of a position funded from the appropriation under s. 20.435 (1) (by). After the declared public health emergency has ended, the department of health services may abolish a full-time equivalent position or portion of a position funded from the appropriation under s. 20.435 (1) (by).

AB1038-SSA1,54,6 (5) Notwithstanding s. 250.03 (3), no later than 12 months after the termination of a public health emergency, the department of health services shall submit to the legislature under s. 13.172 (2) and to the governor a report on any moneys expended from the appropriation under s. 20.435 (1) (by).

AB1038-SSA1,117 Section 117 . 323.22 of the statutes is created to read:

AB1038-SSA1,54,11 323.22 Public health emergencies. (1) From the appropriation under s. 20.465 (3) (em), the department of military affairs may, during a public health emergency declared under s. 323.10, expend public health emergency moneys for any of the following purposes:

AB1038-SSA1,54,15 (a) To facilitate coordination between and among federal, state, local, and tribal agencies, social services, and public and private health care entities that the administrator or the state health officer determines may be affected by the public health emergency.

AB1038-SSA1,54,18 (b) To make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to the public health emergency or potential public health emergency.

AB1038-SSA1,54,20 (c) To support emergency operations related to the public health emergency, including investigation, education, and eradication.

AB1038-SSA1,54,22 (d) To carry out other activities related to the public health emergency as the administrator or the state health officer determines applicable and appropriate.

AB1038-SSA1,55,2 (2) (a) The department may submit a request to the joint committee on finance under s. 13.10 to expend moneys under sub. (1) in excess of the amount specified in s. 20.465 (3) (em). The department may expend excess moneys under this paragraph only to the extent approved under par. (b).

AB1038-SSA1,55,4 (b) A request under par. (a) is approved upon the occurrence of any of the following:

AB1038-SSA1,55,8 1. The joint committee on finance approves the request or modifies and approves the request. If the committee modifies and approves the request, the department may expend excess moneys under the request only as modified by the committee.

AB1038-SSA1,55,10 2. No member of the joint committee on finance objects to the request within 24 hours after the request is received.

AB1038-SSA1,55,12 3. If a member objects under subd. 2., the joint committee on finance does not approve, reject, or modify the request within 48 hours after the request is received.

AB1038-SSA1,55,14 (c) Notwithstanding s. 13.10 (3), no public hearing is required for a request under par. (a).

AB1038-SSA1,55,16 (d) Notwithstanding s. 13.10 (4), the joint committee on finance may vote on a request under par. (a) by mail ballot or by polling.

AB1038-SSA1,55,20 (3) In each fiscal year, no later than 75 days after first expending moneys under sub. (1), and no later than the end of each month after that in which the department of military affairs expends moneys under sub. (1), the department shall submit to the joint committee on finance a report on those expenditures.

AB1038-SSA1,118 Section 118. 323.265 of the statutes is created to read:

AB1038-SSA1,55,23 323.265 Deadlines falling during a public health emergency. (1) In this section:

AB1038-SSA1,56,3 (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.

AB1038-SSA1,56,5 (b) “Deadline” means any date certain by which, or any other limitation as to time within which, an action or event is required to occur under state law.

AB1038-SSA1,56,7 (c) “Determining authority” means the secretary of administration or an agency head to whom a delegation is made under sub. (3).

AB1038-SSA1,56,9 (d) “Emergency period” means the period covered by a public health emergency declared by the governor under s. 323.10, including any extension, plus 60 days.

AB1038-SSA1,56,13 (e) “Lead period” means the period that begins on the first day after the emergency period and is equal to the period beginning on the first day of the emergency period, and ending on the date on which a deadline tolled under sub. (2) would otherwise have fallen.

AB1038-SSA1,56,17 (f) “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.

AB1038-SSA1,56,24 (2) Notwithstanding any requirement to the contrary, each deadline any agency, local governmental unit, or other person is required to satisfy during the emergency period, including any tax filing deadline, may, at the discretion of the determining authority, be tolled up to the end of that deadline's lead period. This subsection does not apply to any requirement as to time in a court proceeding or to any requirement as to time imposed by a court, nor does it apply to any statute of limitations for commencing an action in any court.

AB1038-SSA1,57,3 (3) The secretary of administration shall be the determining authority, except that the secretary may delegate that duty with respect to any deadline to the head of an agency.

AB1038-SSA1,119 Section 119 . 323.267 of the statutes is created to read:

AB1038-SSA1,57,6 323.267 Certain waivers during a public health emergency. (1) In this section:

AB1038-SSA1,57,11 (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.

AB1038-SSA1,57,13 (b) “Debtor" means a person who owes a debt to an agency or a local governmental unit.

AB1038-SSA1,57,15 (c) “Emergency period” means the period covered by a public health emergency declared by the governor under s. 323.10, including any extension, plus 60 days.

AB1038-SSA1,57,19 (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.

AB1038-SSA1,57,22 (2) Each agency and local governmental unit may waive any interest, penalty, or payment of a debtor that accrues or becomes due during an emergency period with respect to a debt the debtor owes the agency or local governmental unit.

AB1038-SSA1,120 Section 120. 323.291 of the statutes is created to read:

AB1038-SSA1,58,5 323.291 Public employees. (1) Public employee health insurance coverage. Notwithstanding s. 40.02 (40), for the purpose of group health insurance coverage offered by the group insurance board under subch. IV of ch. 40, if an employee who was on a leave of absence returns from leave, even if the employee has not resumed active performance of duty for 30 consecutive calendar days on the date the governor declares a state of emergency related to a public health emergency under s. 323.10, the leave of absence is deemed ended or interrupted on that date.

AB1038-SSA1,58,10 (2) 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 a state of emergency related to a public health emergency declared under s. 323.10.

AB1038-SSA1,58,14 (3) Use of annual leave during probationary period. Notwithstanding s. 230.35 (1) (b), an employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during a state of emergency related to a public health emergency declared under s. 323.10.

AB1038-SSA1,58,21 (4) Additional sabbatical leave. The administrator of the division of personnel management in the department of administration may provide additional sabbatical leave to employees who provide critical services during a state of emergency related to a public health emergency declared under s. 323.10. Sabbatical leave provided under this subsection is in addition to any leave provided under s. 230.35 (1) (a) and (1m) (bt), and the compensation plan under s. 230.12, and is not subject to s. 230.35 (1p).

AB1038-SSA1,59,2 (5) State civil service grievance procedures. (a) Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during a state of emergency related to a public health emergency declared under s. 323.10. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such declared public health emergency or extension.

AB1038-SSA1,59,6 (b) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her designee is not required to meet with a complainant in person during a state of emergency related to a public health emergency declared under s. 323.10 when conducting an investigation under s. 230.445 (3) (a) (2).

AB1038-SSA1,121 Section 121. 440.08 (5) of the statutes is created to read:

AB1038-SSA1,59,10 440.08 (5) Renewal suspension for public health emergency. (a) In this subsection, “health care provider credential” means any credential issued under ch. 441, 447, 448, 450, 455, 460, or 462.

AB1038-SSA1,59,17 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440 to 480, but subject to any professional discipline imposed on the credential, a health care provider credential is not subject to renewal, or any other conditions for renewal including continuing education, and remains valid during the period covered by a public health emergency declared by the governor under s. 323.10, including any extension, and continuing until further specified by the applicable credentialing board.

AB1038-SSA1,59,23 (c) A renewal that occurs subsequent to the period described in par. (b) is not subject to the late renewal fee under sub. (3) (a) if the application to renew the credential is received before the next applicable renewal date. Notwithstanding the applicable provisions in chs. 440 to 480, the applicable credentialing board may, for that next applicable renewal date, provide an exemption from or reduction of continuing education or other conditions for renewal.

AB1038-SSA1,122 Section 122. 440.095 of the statutes is created to read:

AB1038-SSA1,60,2 440.095 Former health care provider credentials; emergency. (1) Definitions. In this section:

AB1038-SSA1,60,4 (a) “Emergency period” means a period covered by a public health emergency declared under s. 323.10, including any extension, plus 90 days.

AB1038-SSA1,60,7 (b) “Health care provider” means an individual who was at any time within the previous 5 years, but is not currently, any of the following, if the individual's credential was never revoked, limited, suspended, or denied renewal:

AB1038-SSA1,60,9 1. Licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441.

AB1038-SSA1,60,10 2. Licensed as a dentist under ch. 447.

AB1038-SSA1,60,12 3. Licensed as a physician, physician assistant, or perfusionist under ch. 448 or certified as a respiratory care practitioner under ch. 448.

AB1038-SSA1,60,13 4. Licensed as a pharmacist under ch. 450.

AB1038-SSA1,60,14 5. Licensed as a psychologist under ch. 455.

AB1038-SSA1,60,17 6. A clinical social worker, marriage and family therapist, or professional counselor licensed under ch. 457 or an independent social worker or social worker certified under ch. 457.

AB1038-SSA1,60,18 7. A clinical substance abuse counselor certified under s. 440.88.

AB1038-SSA1,60,20 8. Any practitioner holding a credential to practice a profession that is identified by the department of health services during an emergency period.

AB1038-SSA1,60,23 (2) Temporary credentials for former health care providers during emergency. (a) During an emergency period, the department may grant a temporary credential to a health care provider if all of the following apply:

AB1038-SSA1,60,24 1. The health care provider submits an application to the department.

AB1038-SSA1,61,4 2. The department determines that the health care provider satisfies the eligibility requirements for the credential and is fit to practice after conducting an investigation of the health care provider's arrest or conviction record and record of professional discipline.

AB1038-SSA1,61,7 (b) If the department denies a health care provider's application for a temporary credential under this subsection, the department shall notify the health care provider of the reason for denial.

AB1038-SSA1,61,11 (c) Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), and 450.03 (1), during an emergency period, a health care provider granted a temporary credential under this subsection may provide services for which the health care provider has been licensed or certified.

AB1038-SSA1,61,15 (d) A health care provider who provides services authorized by a temporary credential granted under this subsection shall maintain malpractice insurance that satisfies the requirements of the profession for which the health care provider has been licensed or certified.

AB1038-SSA1,61,17 (e) A temporary credential granted under this subsection expires at the conclusion of the emergency period during which the credential was granted.