Amendment SSA1-AB1038

AB1038-SSA1,16,14 20.866 (2) (z) Building commission; other public purposes. (intro.) From the capital improvement fund, a sum sufficient to the building commission for relocation assistance and capital improvements for other public purposes authorized by law but not otherwise specified in this chapter. The state may contract public debt in an amount not to exceed $2,677,933,400 for this purpose. The state may contract additional public debt in an amount up to $277,485,800 $377,485,800 for this purpose. Of those amounts:

AB1038-SSA1,31 Section 31. 20.940 (7) of the statutes is created to read:

AB1038-SSA1,16,19 20.940 (7) Applicability during public health emergency. This section does not apply during a state of emergency declared by the governor under s. 323.10 for a public health emergency or a public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services.

AB1038-SSA1,32 Section 32. 25.50 (3) (b) of the statutes is amended to read:

AB1038-SSA1,17,2 25.50 (3) (b) On the dates specified and to the extent to which they are available, subject to s. 16.53 (10), funds payable to local governments under ss. 79.035, 79.036, 79.04, 79.05, 79.06, 79.08, and 79.10 shall be considered local funds and, pursuant to the instructions of local officials, may be paid into the separate accounts of all local governments established in the local government pooled-investment fund and, pursuant to the instructions of local officials, to the extent to which they are available, be disbursed or invested.

AB1038-SSA1,33 Section 33. 39.30 (2) (a) of the statutes is amended to read:

AB1038-SSA1,17,5 39.30 (2) (a) No Subject to s. 39.55 (2), no student shall be eligible for grants in more than the equivalent of 10 semesters of undergraduate education.

AB1038-SSA1,34 Section 34. 39.38 (2) of the statutes is amended to read:

AB1038-SSA1,17,20 39.38 (2) Grants under this section shall be based on financial need, as determined by the board. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (k). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The board may not make a grant under this section to a student whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the student provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a). Grants Subject to s. 39.55 (2), grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending.

AB1038-SSA1,35 Section 35. 39.41 (2) (b) of the statutes is amended to read:

AB1038-SSA1,18,9 39.41 (2) (b) For Subject to s. 39.55 (2), for each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.000 grade point average, or the equivalent as determined by the institution or district school, and makes satisfactory progress toward an associate degree, a bachelor's degree, or a vocational diploma, the student shall be exempt from all tuition and fees, including segregated fees, in the subsequent year or, if the scholar does not enroll in a participating institution of higher education in the subsequent year, in the 2nd year following the year in which the scholar received the scholarship, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $2,250 per academic year. No Subject to s. 39.55 (2), no scholar is eligible for an exemption for more than 4 years in the University of Wisconsin System or more than 3 years at a district school.

AB1038-SSA1,36 Section 36. 39.41 (3) (b) of the statutes is amended to read:

AB1038-SSA1,18,19 39.41 (3) (b) For Subject to s. 39.55 (2), for each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.000 grade point average, or the equivalent as determined by the private institution, and makes satisfactory progress toward a bachelor's degree, the student is eligible for a higher education scholarship as determined under par. (a) in the subsequent year or, if the scholar does not enroll in a participating institution of higher education in the subsequent year, in the 2nd year following the year in which the scholar received the scholarship. No Subject to s. 39.55 (2), no scholar is eligible for a higher education scholarship for more than 4 years at a private institution of higher education.

AB1038-SSA1,37 Section 37. 39.435 (2) of the statutes is amended to read:

AB1038-SSA1,19,6 39.435 (2) The board shall award talent incentive grants to uniquely needy students enrolled at least half-time as first-time freshmen at public and private nonprofit institutions of higher education located in this state and to sophomores, juniors, and seniors who received such grants as freshmen. No grant under this subsection may exceed $1,800 for any academic year. The Subject to s. 39.55 (2), the board may award a grant under this subsection to the same student for up to 10 semesters or their equivalent, but may not award such a grant to the same student more than 6 years after the initial grant is awarded to that student. A student need not maintain continuous enrollment at an institution of higher education to remain eligible for a grant under this subsection. The board shall promulgate rules establishing eligibility criteria for grants under this subsection.

AB1038-SSA1,38 Section 38. 39.55 of the statutes is created to read:

AB1038-SSA1,19,9 39.55 Relief from certain grant and scholarship restrictions due to a qualifying emergency. (1) In this section:

AB1038-SSA1,19,10 (a) “Executive secretary" means the executive secretary of the board.

AB1038-SSA1,19,12 (b) “Qualifying emergency” means a public health emergency declared under s. 323.10.

AB1038-SSA1,19,13 (c) “Semester” includes any equivalent academic term or session.

AB1038-SSA1,19,17 (2) (a) Subject to par. (b), for any grant or scholarship awarded under s. 39.30, 39.38, 39.41, 39.435, or 39.44, the executive secretary shall exclude any semester that the student awarded the grant or scholarship does not complete due to a qualifying emergency for purposes of determining any of the following:

AB1038-SSA1,19,20 1. Any limit on the number of semesters or years for which the student may be awarded the grant or scholarship, as established under this subchapter or rule promulgated by the board.

AB1038-SSA1,19,23 2. Any requirement related to the student's satisfactory progress, enrollment status, or academic performance, as established under this subchapter or rule promulgated by the board.

AB1038-SSA1,20,3 (b) The executive secretary shall take the measures specified in par. (a) if the executive secretary is able to do so in a manner that limits complexity and the burden on the student.

AB1038-SSA1,39 Section 39 . 40.22 (1) of the statutes is amended to read:

AB1038-SSA1,20,9 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6), each employee currently in the service of, and receiving earnings from, a state agency or other participating employer shall be included within the provisions of the Wisconsin retirement system as a participating employee of that state agency or participating employer.

AB1038-SSA1,40 Section 40 . 40.22 (2m) (intro.) of the statutes is amended to read:

AB1038-SSA1,20,17 40.22 (2m) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was a participating employee before July 1, 2011, who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

AB1038-SSA1,41 Section 41 . 40.22 (2r) (intro.) of the statutes is amended to read:

AB1038-SSA1,20,25 40.22 (2r) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

AB1038-SSA1,42 Section 42. 40.22 (3) (intro.) of the statutes is amended to read:

AB1038-SSA1,21,4 40.22 (3) (intro.) A Except as otherwise provided in s. 40.26 (6), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

AB1038-SSA1,43 Section 43 . 40.26 (1m) (a) of the statutes is amended to read:

AB1038-SSA1,21,12 40.26 (1m) (a) If Except as otherwise provided in sub. (6), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, is employed in a position in covered employment in which he or she is expected to work at least two-thirds of what is considered full-time employment by the department, as determined under s. 40.22 (2r), the participant's annuity shall be suspended and no annuity payment shall be payable until after the participant terminates covered employment.

AB1038-SSA1,44 Section 44 . 40.26 (1m) (b) of the statutes is amended to read:

AB1038-SSA1,21,21 40.26 (1m) (b) If Except as otherwise provided in sub. (6) if, a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, enters into a contract to provide employee services with a participating employer and he or she is expected to work at least two-thirds of what is considered full-time employment by the department, as determined under s. 40.22 (2r), the participant's annuity shall be suspended and no annuity payment shall be payable until after the participant no longer provides employee services under the contract.

AB1038-SSA1,45 Section 45 . 40.26 (5) (intro.) of the statutes is amended to read:

AB1038-SSA1,22,2 40.26 (5) (intro.) If Except as otherwise provided in sub. (5m), if a participant applies for an annuity or lump sum payment during the period in which less than 75 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer, all of the following shall apply:

AB1038-SSA1,46 Section 46 . 40.26 (5m) of the statutes is created to read:

AB1038-SSA1,22,9 40.26 (5m) When the governor declares a state of emergency related to a public health emergency under s. 323.10, sub. (5) does not apply during the state of emergency if at least 15 days have elapsed between the termination of employment with a participating employer and becoming a participating employee if the position for which the participant is hired is a critical position, as determined by the secretary of health services under s. 323.19 (3).

AB1038-SSA1,47 Section 47 . 40.26 (6) of the statutes is created to read:

AB1038-SSA1,22,15 40.26 (6) When the governor declares a state of emergency under s. 323.10, a participant who is hired during the emergency may elect to not suspend his or her retirement annuity or disability annuity under sub. (1m) for the duration of the state of emergency related to a public health emergency if all of the following conditions are met:

AB1038-SSA1,22,19 (a) At the time the participant terminates his or her employment with a participating employer, the participant does not have an agreement with any participating employer to return to employment or enter into a contract to provide employee services for the employer.

AB1038-SSA1,22,21 (b) The position for which the participant has been hired is a critical position, as determined under s. 323.19 (3).

AB1038-SSA1,48 Section 48. 40.51 (8) of the statutes is amended to read:

AB1038-SSA1,23,2 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB1038-SSA1,49 Section 49. 40.51 (8m) of the statutes is amended to read:

AB1038-SSA1,23,7 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.871, 632.885, 632.89, and 632.895 (11) to (17).

AB1038-SSA1,50 Section 50. 46.968 of the statutes is created to read:

AB1038-SSA1,23,10 46.968 Reimbursements for COVID-19 services. (1) Definitions. In this section:

AB1038-SSA1,23,11 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038-SSA1,23,12 (b) “Health care provider” has the meaning given in s. 146.81 (1).

AB1038-SSA1,23,22 (2) Reimbursements. The department shall establish and implement a program, including the process and criteria, to reimburse a health care provider for testing or treating any individual for COVID-19 during an outbreak of COVID-19 or for vaccinating, if a vaccine is available, an individual against COVID-19 when the health care provider has incurred the cost because the individual does not have insurance or health coverage or the testing, treatment, or vaccination is not paid for by a publicly administered health program such as Medicare or the Medical Assistance program or another party. The department may not pay a reimbursement to a health care provider under the program established under this subsection unless all of the following have been satisfied:

AB1038-SSA1,23,25 (a) A determination has been made whether the individual for whom the health care provider seeks reimbursement for testing, treatment, or vaccination is eligible for the Medical Assistance program under subch. IV of ch. 49.

AB1038-SSA1,24,4 (b) All other sources of reimbursement for the testing, treatment, or vaccination, including any reimbursement of the health care provider from a public health and social services emergency fund administered by the federal government, have been exhausted.

AB1038-SSA1,51 Section 51 . 48.026 of the statutes is created to read:

AB1038-SSA1,24,8 48.026 Public health emergency. During a public health emergency declared by the governor under s. 323.10, including any extension, all of the following apply:

AB1038-SSA1,24,11 (1) Notwithstanding ss. 48.217 (2), 48.357 (2) (c), and 48.437 (2), 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-SSA1,24,13 (2) The department may waive the preadoption training requirement under s. 48.84 (2g) (a).

AB1038-SSA1,24,16 (3) Notwithstanding s. 48.62 (1) or rules promulgated by the department under that section, a licensed foster care may receive more than 4 children if the department determines it is necessary.

AB1038-SSA1,24,19 (4) Notwithstanding ss. 48.02 (7), 48.625 (1), and 938.02 (7), the maximum number of children that a person with a license to operate a group home may receive is 10 if the department determines it is necessary.

AB1038-SSA1,24,23 (5) Notwithstanding s. 48.66 (5), the department may waive the requirement under that section to submit an application for continuance of a license 30 days before its expiration date and to submit payment of the applicable fees referred to in ss. 48.68 (1), 48.685 (8), and 48.686 (2) (ag).

AB1038-SSA1,25,3 (6) Notwithstanding s. 48.75 (1d), a foster home license issued under that subsection that expires during a public health emergency may be extended beyond 2 years from the date of issuance.

AB1038-SSA1,25,5 (7) Notwithstanding s. 48.75 (1g) (a), a public licensing agency may license a foster home in another county.

AB1038-SSA1,25,9 (8) Notwithstanding ss. 48.06 (2) (a) and 48.981 (3) (cr), upon request and on behalf of the county department in a county with a population of less than 750,000, the department may provide intake services required by s. 48.067 and any duty of the county under s. 48.981.

AB1038-SSA1,52 Section 52 . 49.175 (1) (x) of the statutes is created to read:

AB1038-SSA1,25,13 49.175 (1) (x) Public health emergency programs. For the public health emergency programs under s. 49.259 (2) (a) and (3), $100,000,000 in the 2019-21 fiscal biennium.

AB1038-SSA1,53 Section 53 . 49.175 (1) (zh) of the statutes is amended to read:

AB1038-SSA1,25,18 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $69,700,000 in each fiscal year 2019-20 and $86,700,000 in fiscal year 2020-21.

AB1038-SSA1,54 Section 54 . 49.175 (2) (b) of the statutes is created to read:

AB1038-SSA1,25,23 49.175 (2) (b) Notwithstanding par. (a), during a state of emergency related to public health declared by the governor under s. 323.10, the department may reallocate funds that are allocated under a paragraph under sub. (1) for the purpose specified in sub. (1) (x), but not vice versa.

AB1038-SSA1,55 Section 55 . 49.259 of the statutes is created to read:

AB1038-SSA1,26,3 49.259 Public health emergency grant programs. (1) Definition. In this section, “public health emergency” means a state of emergency related to public health declared by the governor under s. 323.10.

AB1038-SSA1,26,5 (2) Grant programs. (a) Critical workforce child care grant program. 1. In this paragraph:

AB1038-SSA1,26,11 a. “Critical workforce member” means an employee, contractor, or other staff person working in a vital sector, including health care; child welfare; long-term care; residential care; pharmacy; child care; government operations; critical infrastructure, such as sanitation, transportation, utilities, telecommunications, grocery, and food services; supply chain operations; and other sectors as determined by the department.

AB1038-SSA1,26,13 b. “First responder” means an employee of or volunteer for an agency that provides fire fighting, law enforcement, medical, or other emergency services.

AB1038-SSA1,26,23 2. The department shall make grants available to entities that employ, contract with, or have as volunteers critical workforce members to help pay for or reimburse eligible child care costs. Eligible child care costs are those child care costs that are due to the public health issue that is the basis of a public health emergency and that are incurred during that public health emergency. Eligible child care costs include the cost to establish a temporary facility to provide care and supervision for children of critical workforce members or the cost to pay for a slot in an existing facility that provides care and supervision of children. The department shall prioritize grants that assist health care workers and first responders and may award grants that assist other critical workforce members at its discretion.

AB1038-SSA1,27,5 3. The department shall make grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for providing care and supervision for children of critical workforce members during a public health emergency. The department shall prioritize grants that assist health care workers and first responders and may award grants that assist other critical workforce members at its discretion.

AB1038-SSA1,27,13 (b) Grant program for child care hazard pay. The department shall make monthly grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for providing hazard pay to employees who work during a public health emergency. Whether or not a child care center or child care provider provides child care services to individuals who are eligible for subsidies under s. 49.155 does not affect eligibility for grants under this paragraph.

AB1038-SSA1,27,23 (c) Grant program for closure of child care centers or providers. During a public health emergency, the department shall make monthly grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) that cease operating because of a public health issue that is the basis of the public health emergency. Grants under this paragraph may be made only to cover costs of lost revenue from child care services that would otherwise have been provided to individuals who are not eligible for child care subsidies under s. 49.155 and only if those individuals are not charged for child care services while the child care provider or child care center is closed during the public health emergency.

AB1038-SSA1,28,2 (d) Congregate care facility grant program. The department shall make grants available to congregate care facilities, as defined under s. 48.685 (1) (ao), for the costs of addressing workforce shortages and other needs to keep facilities operational during a public health emergency.

AB1038-SSA1,28,3 (3) Wisconsin Works eligibility. (a) Definitions. In this subsection :

AB1038-SSA1,28,4 1. “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).

AB1038-SSA1,28,5 2. “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).

AB1038-SSA1,28,10 (b) Expanded Wisconsin Works program. 1. During a public health emergency, an individual who is facing an immediate and discrete financial crisis due to the pandemic is eligible for a cash benefit payment of $653 per month under the Wisconsin Works program. An individual is eligible for a cash benefit payment under this paragraph if all of the following apply:

AB1038-SSA1,28,13 a. The individual's place of employment closes, the individual is furloughed or temporarily laid off, or the individual misses work due to a lack of available child care as a result of the public health issue that is the basis of the public health emergency.

AB1038-SSA1,28,16 b. The individual meets the eligibility criteria under s. 49.145 (2), except that the requirements under s. 49.145 (2) (h), (hm), (n), and (q) do not apply to a cash benefit payment under this paragraph.

AB1038-SSA1,28,20 c. The individual is a member of a Wisconsin Works group whose gross income is at or below 200 percent of the poverty line. In calculating gross income under this subdivision, the Wisconsin Works agency shall include the income specified in s. 49.145 (3) (b) 1. and 3.

AB1038-SSA1,28,25 2. Notwithstanding s. 49.159 (1) (a) 1. to 4., during a public health emergency, a noncustodial parent is eligible to receive services and benefits under s. 49.159 (1) (b) regardless of whether or not the custodial parent participates in a Wisconsin Works employment position or receives services or benefits under s. 49.147 (2) (am), 49.148 (1m), or 49.155.