Amendment SSA1-AB1038

AB1038-SSA1,72,10 (b) This subsection does not apply to a prescription drug that is a controlled substance, as defined in s. 961.01 (4).

AB1038-SSA1,140 Section 140. 655.0025 of the statutes is created to read:

AB1038-SSA1,72,15 655.0025 Participation during public health emergency. During a state of emergency declared under s. 323.10 related to public health all of the following apply to a physician or nurse anesthetist for whom this state is not a principal place of practice but who is authorized to practice in this state on a temporary basis:

AB1038-SSA1,72,19 (1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner a certificate of insurance for a policy of health care liability insurance issued by an insurer that is authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.

AB1038-SSA1,72,21 (2) The physician or nurse anesthetist may elect, in the manner designated by the commissioner by rule under s. 655.004, to be subject to this chapter.

AB1038-SSA1,141 Section 141. 704.17 (6) of the statutes is created to read:

AB1038-SSA1,73,4 704.17 (6) Public health emergency. (a) Notwithstanding subs. (1p) (a) and (2) (a), during any period covered by a public health emergency declared by the governor, including any extension under s. 323.10, and during the 45 days following that period, a landlord may not give a tenant who is in default of a rent payment a notice to pay rent or vacate within at least 5 days or a notice to vacate within at least 14 days that is based on a failure to pay rent and may not charge a late fee for a late payment of rent.

AB1038-SSA1,73,10 (b) If a landlord gave a tenant who is in default of a rent payment a notice to pay rent or vacate under sub. (1p) (a) or (2) (a) or a notice to vacate under sub. (1p) (a) before a period covered by a public health emergency declared by the governor, including any extension under s. 323.10, the days during that period and the 45 days following that period may not be counted in the 5 days to pay rent or 14 days to vacate under the notice.

AB1038-SSA1,142 Section 142. 704.23 of the statutes is amended to read:

AB1038-SSA1,73,19 704.23 Removal of tenant on termination of tenancy. If a tenant remains in possession without consent of the tenant's landlord after termination of the tenant's tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for such holding over. This section does not apply if a tenant's tenancy has terminated because of a failure to pay rent prior to a period covered by a public health emergency declared by the governor, but the tenant has not yet been removed from the premises and a civil action of eviction has not yet been commenced.

AB1038-SSA1,143 Section 143. 704.25 (1) of the statutes is amended to read:

AB1038-SSA1,74,3 704.25 (1) Removal and recovery of damages. If a tenant holds over after expiration of a lease, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for such holding over. This subsection does not apply if a tenant's tenancy has terminated, but would not otherwise have expired, because of a failure to pay rent prior to a period covered by a public health emergency declared by the governor, the tenant has not yet been removed from the premises, and a civil action of eviction has not yet been commenced.

AB1038-SSA1,144 Section 144. 799.24 (1m) of the statutes is created to read:

AB1038-SSA1,74,8 799.24 (1m) Public health emergency. Notwithstanding the provisions of sub. (1), during a period covered by a public health emergency declared by the governor, including any extension under s. 323.10, and during the 45 days following that period, no court may enter a judgment or order of eviction under sub. (1).

AB1038-SSA1,145 Section 145. 799.40 (1c) of the statutes is created to read:

AB1038-SSA1,74,17 799.40 (1c) Public health emergency. Notwithstanding sub. (1) or any other provision of this chapter, if a tenant's tenancy has terminated because of a failure to pay rent prior to a period covered by a public health emergency declared by the governor, but the tenant has not yet been removed from the premises and a civil action of eviction has not yet been commenced, the landlord may not commence a civil action of eviction based on the tenant's failure to pay rent during the period covered by the public health emergency, including any extension under s. 323.10, or during the 45 days following that period.

AB1038-SSA1,146 Section 146. 799.44 (2m) of the statutes is created to read:

AB1038-SSA1,74,23 799.44 (2m) Public health emergency. Notwithstanding the provisions of subs. (1) and (2), during a period covered by a public health emergency declared by the governor, including any extension under s. 323.10, and during the 45 days following that period, no court may enter an order for judgment under sub. (1) or order that a writ of restitution be issued under sub. (2).

AB1038-SSA1,147 Section 147. 799.45 (1m) of the statutes is created to read:

AB1038-SSA1,75,4 799.45 (1m) Public health emergency. Notwithstanding the provisions of this section, no sheriff may execute a writ of restitution during a period covered by a public health emergency declared by the governor, including any extension under s. 323.10, or during the 45 days following that period.

AB1038-SSA1,148 Section 148 . 938.026 of the statutes is created to read:

AB1038-SSA1,75,10 938.026 Public health emergency. During a public health emergency declared by the governor under s. 323.10, including any extension, notwithstanding ss. 938.217 (2) and 938.357 (2) (c), in emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 40 days.

AB1038-SSA1,149 Section 149 . Nonstatutory provisions.

AB1038-SSA1,75,13 (1) Applications for heating assistance. Households may apply for heating assistance under s. 16.27 (4) (a) at any time during calendar year 2020.

AB1038-SSA1,75,14 (2) Professional licensing; emergency project positions.

AB1038-SSA1,76,2 (a) The authorized FTE positions for the department of safety and professional services are increased by 8.4 project positions, for a period ending on June 30, 2021, to be funded from the appropriation under s. 20.165 (1) (g) for the purposes of investigating complaints against a credential holder received by the department of safety and professional services or any examining board, affiliated credentialing board, or board in the department; investigating whether a person has practiced without a credential required under chs. 440 to 480; and investigating the criminal records and records of professional discipline of applicants for a credential. Two incumbent employees holding an LTE consumer protection investigator position; 1.9 incumbent employees holding an LTE legal associate position; one incumbent employee holding an LTE office associate position; and 3.5 employees holding an LTE office operations associate position shall be transferred to the FTE project positions being created in this paragraph.

AB1038-SSA1,76,12 (b) The authorized FTE positions for the department of safety and professional services are increased by 10.5 project positions, for a period ending on June 30, 2021, to be funded from the appropriation under s. 20.165 (1) (hg) for the purposes of reviewing applications for credentials received by the department of safety and professional services and credentialing boards and for assisting applicants for credentials. One incumbent employee holding an LTE attorney position; 2 incumbent employees holding an LTE legal associate position; 4 incumbent employees holding an LTE license and permit program associate position; and 3.5 incumbent employees holding an LTE office operations associate position shall be transferred to the FTE project positions being created in this paragraph.

AB1038-SSA1,76,20 (c) The authorized FTE positions for the department of safety and professional services are increased by 2.1 project positions, for a period ending on June 30, 2021, to be funded from the appropriation under s. 20.165 (2) (j) for the purpose of reviewing applications for credentials received by the department of safety and professional services and for assisting applicants for credentials. Two incumbent employees holding an LTE license and permit program associate position and 0.1 incumbent employees holding an LTE legal associate position shall be transferred to the FTE project positions being created in this paragraph.

AB1038-SSA1,76,23 (3) Medical Assistance program funding. The department of health services shall allocate in the following manner the moneys under Section 150 (8) for reimbursement increases due to the COVID-19 pandemic:

AB1038-SSA1,76,24 (a) $9,863,400 for fee-for-service institutional long-term care.

AB1038-SSA1,76,25 (b) $3,944,000 for fee-for-service personal care.

AB1038-SSA1,77,1 (c) $39,933,200 for managed long-term care.

AB1038-SSA1,77,2 (d) $14,861,900 for home and community-based waiver services.

AB1038-SSA1,77,3 (e) $25,822,500 as supplemental payments to hospitals.

AB1038-SSA1,77,8 (4) Local food bank grants. The department of health services may award grants to local food banks and may establish eligibility criteria and guidelines for those grants that, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, need not be promulgated as rules under ch. 227, are not guidance documents, and are not subject to the requirements of s. 227.112.

AB1038-SSA1,77,14 (5) Priority of use of federal funds. To the greatest extent possible, the secretary of administration shall ensure that funds made available by the United States government and accepted by the governor under s. 16.54 for the purpose of addressing the COVID-19 public health emergency in this state are used for the purposes of this act prior to the use of general purpose revenue appropriated for those purposes under this act.

AB1038-SSA1,77,19 (6) Community action agencies. Notwithstanding s. 49.265 (1) (b), during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, for the purposes of s. 49.265, “poor person” means a resident of a community served by a community action agency whose income is at or below 200 percent of the poverty line.

AB1038-SSA1,77,20 (7) Certain approvals of the joint committee on finance.

AB1038-SSA1,77,23 (a) Definition. In this subsection, “emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10.

AB1038-SSA1,78,3 (b) Suspension of JCF approval requirements. Notwithstanding ss. 16.54 (2) (a) 2., 84.03 (2), 115.295, 165.02, and any other law to the contrary, no approval of the joint committee on finance is required for the expenditure of funds made available during the emergency period by the United States government for the purpose of addressing the COVID-19 public health emergency in this state.

AB1038-SSA1,78,4 (8) Building program interruptions.

AB1038-SSA1,78,7 (a) In this subsection, “public health emergency” means the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10.

AB1038-SSA1,78,13 (b) The building commission may authorize up to $100,000,000 in general fund supported borrowing in fiscal year 2019-20 for expenditures to cover increased capital costs, as determined by the building commission, incurred due to interruptions of work under the authorized state building program as a result of the public health emergency. This paragraph constitutes enumeration in the authorized state building program for all purposes.

AB1038-SSA1,78,16 (9) Effective date of 2019 Wisconsin Act 125. The Legislative Reference Bureau shall, in enrolling, amend 2019 Wisconsin Act 125, section 82, so that 2019 Wisconsin Act 125 takes effect on the effective date of this subsection.

AB1038-SSA1,78,17 (10) Emergency assistance to small businesses.

AB1038-SSA1,78,18 (a) Definitions. In this subsection:

AB1038-SSA1,78,19 1. “Corporation” means the Wisconsin Economic Development Corporation.

AB1038-SSA1,78,23 2. “Public health emergency” means any public health emergency declared under s. 323.10, including any extension, during the period beginning on March 12, 2020, and ending on July 1, 2021, or on the day after publication of the 2021-23 biennial budget act, whichever is later.

AB1038-SSA1,78,24 (b) Grants and loans to small businesses.

AB1038-SSA1,79,5 1. From the appropriation under s. 20.192 (1) (c), the corporation shall award grants and loans to small businesses in this state adversely economically affected by a public health emergency. A small business shall use the grant or loan to support the business's payroll, cash flow, inventory, rent, and other business expenses in connection with the business's recovery from a public health emergency.

AB1038-SSA1,79,8 2. The corporation may expend moneys from the appropriation under s. 20.192 (1) (c) for administrative costs and technical assistance associated with awarding grants and loans under subd. 1., including any necessary staffing increase.

AB1038-SSA1,79,16 (11) Public health positions; exemption from civil service. During a state of emergency related to public health declared under s. 323.10 or during a public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services, the secretary of health services may request that the administrator of the division of personnel management in the department of administration waive any provisions of subch. II of ch. 230 as necessary to expedite the recruitment and hiring by the department of health services of individuals for the positions described under Section 150 (13 ) of this act.

AB1038-SSA1,79,19 (12) GPR appropriation of the Wisconsin Economic Development Corporation. Notwithstanding s. 20.192 (1) (a), each dollar amount shown in that appropriation is increased by $25,000,000 in fiscal year 2019-20.

AB1038-SSA1,80,8 (13) Enhanced federal medical assistance percentage. Notwithstanding s. 49.45 (23b) (b), (c), (d), and (e) or any other conflicting provision of subch. IV of ch. 49, if the federal government provides an enhanced federal medical assistance percentage during an emergency period declared in response to the novel coronavirus pandemic, the department of health services may suspend compliance with s. 49.45 (23b) (b), (c), (d), and (e) and any other conflicting provision of subch. IV of ch. 49 to satisfy criteria to qualify for the enhanced federal medical assistance percentage during the period for which the enhanced federal medical assistance percentage applies. The department of health services may submit to the federal government any request for a waiver of federal law or amendment to or suspension of a waiver, any state plan amendment, or other request for federal approval necessary to obtain the enhanced federal medical assistance percentage described under this subsection without complying with the procedures under ss. 20.940 and 49.45 (2t).

AB1038-SSA1,80,11 (14) Legislative intent statement. It is the intent of the legislature that school boards continue to employ and pay all employees when schools are closed by the department of health services under s. 252.02 (3).

AB1038-SSA1,80,20 (15) Wisconsin Shares federal approval. Notwithstanding the deadline under s. 49.259 (3) (e) 2. for submitting to the federal department of health and human services a request for a state plan amendment, waiver, or other federal approval necessary to expand eligibility for the child subsidy program under s. 49.155 to individuals who need child care services due to the public health issue that is the basis of a public health emergency, with respect to the public health emergency declared on March 12, 2020, by executive order 72, under s. 323.10, the department of children and families shall submit the request no later than 60 days after the effective date of this subsection.

AB1038-SSA1,150 Section 150 . Fiscal changes.

AB1038-SSA1,81,2 (1) WisCaregiver Careers Program. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (6) (a), the dollar amount for fiscal year 2019-20 is increased by $6,383,000 to expand the WisCaregiver Careers Program established by the department. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys under this subsection to and expend those moneys in fiscal year 2020-21.

AB1038-SSA1,81,6 (2) Notaries public. In the schedule under s. 20.005 (3) for the appropriation to the department of financial institutions under s. 20.144 (1) (g), the dollar amount for fiscal year 2020-21 is increased by $806,000 to increase funding for administration of the department's duties related to notaries public.

AB1038-SSA1,81,10 (3) Tourism marketing. In the schedule under s. 20.005 (3) for the appropriation to the department of tourism under s. 20.380 (1) (b), the dollar amount for fiscal year 2020-21 is increased by $5,000,000 for the purposes for which the appropriation is made.

AB1038-SSA1,81,17 (4) Grants to Covering Wisconsin. In the schedule under s. 20.005 (3) for the appropriation to the office of the commissioner of insurance under s. 20.145 (1) (g), the dollar amount for fiscal year 2019-20 is increased by $1,082,600 to provide grants to the organization known as Covering Wisconsin to assist individuals with health insurance literacy and enrollment. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1) and the lapse required under s. 20.145 (1) (g), the office may transfer moneys under this subsection to and expend those moneys in fiscal year 2020-21.

AB1038-SSA1,81,25 (5) Investigation of complaints. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (1) (g), the dollar amount for fiscal year 2019-20 is increased by $123,000 to provide funding for the positions authorized in Section 149 (2 ) (a) of this act. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (1) (g), the dollar amount for fiscal year 2020-21 is increased by $640,400 to provide funding for the positions authorized in Section 149 (2) (a ) of this act.

AB1038-SSA1,82,8 (6) Credential applications. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (1) (hg), the dollar amount for fiscal year 2019-20 is increased by $155,400 to provide funding for the positions authorized in Section 149 (2 ) (b) of this act. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (1) (hg), the dollar amount for fiscal year 2020-21 is increased by $809,400 to provide funding for the positions authorized in Section 149 (2) (b ) of this act.

AB1038-SSA1,82,16 (7) Credential applications; skilled trades. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2019-20 is increased by $29,800 to provide funding for the positions authorized in Section 149 (2 ) (c) of this act. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2020-21 is increased by $155,200 to provide funding for the positions authorized in Section 149 (2 ) (c) of this act.

AB1038-SSA1,82,21 (8) Medical Assistance program funding. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2019-20 is increased by $94,425,000 to provide increased reimbursements to providers under the Medical Assistance program due to the COVID-19 pandemic as allocated under Section 149 (3 ) of this act.

AB1038-SSA1,83,2 (9) Local food bank grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2019-20 is increased by $10,000,000 to provide grants to local food banks, as determined by the department under Section 149 (4) of this act. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys under this subsection to and expend those moneys in fiscal year 2020-21.

AB1038-SSA1,83,6 (10) State out-of-home care and adoption services. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (dd), the dollar amount for fiscal year 2019-20 is decreased by $3,000,000 to decrease funding for the purposes for which the appropriation is made.

AB1038-SSA1,83,10 (11) Services for sex-trafficking victims. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (e), the dollar amount for fiscal year 2019-20 is decreased by $209,500 to decrease funding for the purposes for which the appropriation is made.

AB1038-SSA1,83,14 (12) Federal block grant aids. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2020-21 is increased by $17,000,000 to increase funding for the transfer under s. 49.175 (1) (zh).

AB1038-SSA1,83,23 (13) Public health positions. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $2,070,000 to increase the authorized FTE positions for the department by 64 GPR positions on the effective date of this subsection, to provide services for the division of the department that addresses public health issues. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2020-21 is increased by $8,280,000 to provide funding for the positions authorized under this subsection.

AB1038-SSA1,84,4 (14) Aid to local health departments. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2019-20 is increased by $17,441,000 to provide aid to local health departments. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys under this subsection to and expend those moneys in fiscal year 2020-21.

AB1038-SSA1,84,9 (15) Extending electronic registration. In the schedule under s. 20.005 (3) for the appropriation to the elections commission under s. 20.510 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $1,000,000 to cover the costs associated with updating the voter registration system as a result of extending electronic registration.

AB1038-SSA1,84,10 (16) Child care and Wisconsin Works.

AB1038-SSA1,84,19 (a) Federal block grant operations. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (mc), the dollar amount for fiscal year 2019-20 is increased by $20,000,000 for the purposes of operating and administering the programs under s. 49.259 (2) (a) and (3). In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (mc), the dollar amount for fiscal year 2020-21 is increased by the amount of the increase in fiscal year 2019-20 that was not spent in that fiscal year, as determined by the secretary of administration, for the purposes of operating and administering the programs under s. 49.259 (2) (a) and (3).

AB1038-SSA1,85,4 (b) Federal block grant aids. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2019-20 is increased by $80,000,000 for programs to provide aid to individuals or organizations authorized under s. 49.259 (2) (a) and (3). In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2020-21 is increased by the amount of the increase in fiscal year 2019-20 that was not spent in that fiscal year, as determined by the secretary of administration, for programs to provide aid to individuals or organizations authorized under s. 49.259 (2) (a) and (3).

AB1038-SSA1,151 Section 151 . Initial applicability.

AB1038-SSA1,85,9 (1) Certain waivers with respect to debt during a public health emergency. The treatment of s. 323.267 first applies retroactively to any interest, penalty, or payment that accrues or becomes due during the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10.

AB1038-SSA1,85,12 (2) Unemployment insurance; deletion of waiting period. The treatment of ss. 108.02 (26m) and 108.04 (3) and (11) (bm) first applies retroactively to benefit years beginning on March 15, 2020.

AB1038-SSA1,85,18 (3) Deadlines falling during a public health emergency. The treatment of s. 323.265 first applies retroactively to a deadline, as defined in s. 323.265 (1) (b), falling during the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, but, with respect to that public health emergency, does not apply to any new deadline established under this act, as determined by the determining authority, as defined in s. 323.265 (1) (c).

AB1038-SSA1,85,21 (4) DPI waiver authority. The treatment of s. 118.38 (4) first applies to an order to close schools issued by the department of health services under s. 252.02 (3) during the 2019-2020 school year.

AB1038-SSA1,85,24 (5) Wisconsin Works and child care grants. The treatment of ss. 20.437 (3) (f), 48.026, 49.175 (1) (x) and (2) (b), and 49.259 and Section 149 (15) of this act first apply to a state of emergency related to public health declared on March 12, 2020.

AB1038-SSA1,152 Section 152. Effective dates. This act takes effect on the day after publication, except as follows:

AB1038-SSA1,86,5 (1) Unemployment insurance; benefit charging; deletion of waiting period. The treatment of ss. 20.445 (1) (ag), 108.02 (26m), 108.04 (3) and (11) (bm), and 108.07 (8) and Section 151 (2) of this act take effect retroactively to March 15, 2020.

AB1038-SSA1,86,8 (2) Notaries public. The treatment of s. 140.145 (10) (a) and (b) and Section 149 (9) of this act take effect on May 1, 2020, or on the day after publication, whichever is earlier.

AB1038-SSA1,86,10 (3) Grants and loans to small businesses. The repeal of s. 20.192 (1) (c) takes effect on July 1, 2021.

AB1038-SSA1,86,11 (End)