LRB-6089/1
ALL:all
2019 Special Session
2019 - 2020 LEGISLATURE
Compile for covid session
Preliminary Draft - Not Ready For Introduction
April 13, 2020 - Introduced by Committee on Assembly Organization,
Representatives Vos and Steineke, cosponsored by Senator Fitzgerald.
AB1038,2,9 1An Act to renumber 60.11 (2) (b) and 108.07 (5); to renumber and amend
249.688 (1) (c), 70.47 (3) (aL), 108.04 (3), 108.062 (4) and 108.062 (19); to amend
313.101 (4), 20.866 (2) (xm), 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.), 40.22
4(3) (intro.), 40.26 (1m) (a), 40.26 (1m) (b), 40.26 (5) (intro.), 40.51 (8), 40.51 (8m),
566.0137 (4), 71.01 (6) (L) 3., 71.22 (4) (L) 3., 71.22 (4m) (L) 3., 71.26 (2) (b) 12.
6d., 71.34 (1g) (L) 3., 71.42 (2) (L) 3., 71.98 (3), 74.35 (5) (c), 74.37 (4) (b), 108.04
7(13) (d) 3. b., 108.04 (13) (d) 4. b., 108.062 (1) (b), 108.062 (3), 108.062 (15),
8108.14 (8n) (e), 108.141 (7) (a), 108.16 (6m) (a), 115.385 (1) (intro.), 115.415 (1)
9(b), 115.999 (1) (d) 1., 115.999 (2m) (b) 1. a., 118.38 (2) (am) (intro.), 118.38 (3),
10118.60 (7) (an) 1., 119.23 (7) (an) 1., 119.33 (2) (b) 3. b., 119.33 (2) (b) 3. c., 119.33
11(5) (b) 2., 119.9002 (2) (d) 2. a., 119.9002 (2) (d) 2. b., 119.9002 (2) (d) 3. a.,
12119.9002 (2) (d) 3. b., 119.9004 (3) (b) 2., 120.13 (2) (g), 146.40 (3), 185.983 (1)
13(intro.), 450.11 (5) (a), 609.83, 625.12 (2), 628.34 (3) (a) and 895.51 (title); and

1to create 13.101 (4d), 40.26 (5m), 40.26 (6), 49.688 (1) (c) 2., 49.688 (10m), 60.11
2(2) (b) 2., 70.47 (3) (aL) 2., 100.307, 102.03 (6), 102.565 (6), 103.13 (2m), 108.04
3(2) (d), 108.04 (3) (b), 108.062 (2m), 108.062 (3r), 108.062 (4) (a) 2., 108.062 (19)
4(a) and (b), 108.062 (20), 108.07 (5) (bm), 115.385 (6), 115.7915 (8m), 118.38 (4),
5118.60 (12), 119.23 (12), 153.23, 323.19 (3), 323.19 (4), 323.265, 323.2911,
6323.2912, 323.2913, 323.2915, 440.08 (5), 450.11 (5) (br), 609.205, 609.846,
7609.885, 632.729, 632.895 (14g), 632.895 (16v), 895.4801, 895.51 (1) (bd),
8895.51 (1) (bg), 895.51 (1) (dp), 895.51 (2r) and 895.51 (3r) of the statutes;
9relating to: state government response to the COVID-19 pandemic.
Analysis by the Legislative Reference Bureau
1.
agriculture
Eligibility for local fair aids
This bill modifies the eligibility requirements for agricultural societies, boards,
and associations to receive local fair aid provided by the Department of Agriculture,
Trade and Consumer Protection. To remain eligible for local fair aid from DATCP,
current law requires local agricultural societies, boards, and associations to operate
a fair each year. The bill allows agricultural societies, boards, and associations to
remain eligible for local fair aid if a local fair is not held during 2020 because of the
public health emergency declared on March 12, 2020, by executive order 72.
Prohibiting retailers from accepting certain returns
This bill prohibits a retailer from accepting a return of food products, personal
care products, cleaning products, and paper products during the public health
emergency declared on March 12, 2020, by executive order 72, or during the 30 days
immediately after the end of that public health emergency. The bill contains
exceptions, allowing retailers to accept returns of food, personal care, cleaning, or
paper products made within seven days of purchase and returns of adulterated or
defective food, personal care, cleaning, or paper products. Under the bill, retailers
may accept returns of other types of products.
2.
campaign finance
Communications relating to public health emergency
Currently, under Wisconsin's campaign finance law, a person elected to a state
or local government elective office who becomes a candidate for a national, state, or

local government office may not use public funds to pay the cost of materials or
distribution for 50 or more pieces of substantially identical material during the
campaign season. This bill exempts from this prohibition communications during
the public health emergency declared on March 12, 2020, by executive order 72, that
relate to the public health emergency.
3.
Correctional system
Death of an inmate
Under current law, if an individual 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, an autopsy on the deceased individual must be performed. Under this bill, for
the duration of the public health emergency relating to COVID-19, if an individual
who has been diagnosed with COVID-19 dies, the coroner or medical examiner may
perform 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.
4.
courts and procedure
Liability exemption for persons who manufacture, distribute, or sell
emergency medical supplies
This bill establishes a civil liability exemption for persons who manufacture,
distribute, or sell emergency medical supplies to respond to the public health
emergency during the public health emergency related to COVID-19 declared by the
federal secretary of health and human services or the national emergency related to
COVID-19 declared by the president. The bill defines “emergency medical supplies”
to mean any medical equipment or supplies necessary to limit the spread of, or
provide treatment for, a disease associated with the public health emergency related
to the COVID-19 pandemic, including life support devices, personal protective
equipment, cleaning supplies, and any other items determined to be necessary by the
secretary of health services. Under the bill, any person engaged in the
manufacturing, distribution, or sale of emergency medical supplies who donates or
sells, for a price not to exceed a certain amount established in the bill, the emergency
medical supplies to a charitable organization or governmental unit to respond to the
public health emergency related to COVID-19 is immune from civil liability for the
death of or injury to an individual caused by emergency medical supplies donated or
sold.
The bill also provides that any charitable organization that distributes free of
charge emergency medical supplies received from a manufacturer, distributor, or
seller is immune from civil liability for a death or injury caused by the emergency
medical supplies.
5.

Economic development
Plan to provide support to major industries
This bill requires the Wisconsin Economic Development Corporation to submit
a report to the legislature and the governor by June 30, 2020, that includes a plan
for providing support to the major industries in Wisconsin that have been adversely
affected by the COVID-19 public health emergency, including tourism,
manufacturing, agriculture, construction, retail, and services.
6.
Education
Pupil examinations; public health emergency exception for the 2019-20
school year
Under current law, school boards, independent charter schools, private schools
participating in the Milwaukee Parental Choice Program, Racine Parental Choice
Program or Wisconsin Parental Choice Program and, under some circumstances, a
private school participating in the Special Needs Scholarship Program are required
to annually administer examinations adopted by the state superintendent of public
instruction to pupils in the fourth, eighth, ninth, tenth, and eleventh grades. These
examinations are commonly referred to as the Wisconsin Student Assessment
System, which include The Forward Exam, ACT ASPIRE, the ACT, and Dynamic
Learning Maps. Under the bill, the requirements to administer the WSAS do not
apply in the 2019-20 school year.
Current law also requires school boards, independent charter schools, and
private schools participating in a parental choice program to annually administer a
standardized reading test developed by the Department of Public Instruction to third
grade pupils. Under the bill, requirements to administer the third grade
standardized reading test do not apply in the 2019-20 school year.
Under current law, school boards and independent charter schools are required
to evaluate teachers and principals using an educator effectiveness evaluation
system that considers pupil performance on statewide assessments. Under the bill,
school boards and independent charter schools are prohibited from considering pupil
performance on statewide assessments in evaluating teachers and principals in the
2019-20 school year.
School and school district accountability report for the 2019-20 school year
The bill prohibits DPI from publishing a school and school district
accountability report in the 2020-21 school year.
Under current law, DPI is required to publish a school and school district
accountability report each year by November 30. To measure school performance
and school district improvement, particularly measures related to pupil
achievement in reading and math, DPI uses data derived from pupil performance on
statewide assessments administered in the prior school year. The bill also changes
references to accountability reports published in a specific school year or years to the
most recently published accountability report or reports to account for the fact that,
under the bill, DPI will not publish an accountability report in the 2020-21 school
year.

Waiver of laws and rules related to parental choice programs, the Special
Needs Scholarship Program, and independent charter schools; schools
closed by the Department of Heath Services or a local health officer
Under the bill, during the public health emergency declared on March 12, 2020,
by executive order 72, if the Department of Health Services or a local health officer
closes schools for ten or more school days during a school year, DPI may waive state
education statutes, or rules promulgated under those statutes, related to 1) a
parental choice program or the SNSP, 2) private schools participating in a parental
choice program or the SNSP, or 3) independent charter schools. Under the bill, DPI
may also establish alternate deadlines for requirements in education laws or rules
if the original deadline occurs between the date the schools are closed and 120 days
after the day schools are reopened or the original deadline relates to another event
that occurs during that same period.
Under current law, upon request from a school board and a public hearing, DPI
may waive school district and school board requirements in a state education statute
or rule. However, under current law, a school board may not request, and DPI may
not grant, a waiver from state education statutes and rules related to certain topics,
including the health or safety of pupils, confidentiality of pupil records, and pupil
assessments.
Exceptions in parental choice programs and the Special Needs Scholarship
Program; schools closed by the Department of Heath Services or a local
health officer
Current law allows DPI to bar a private school from participating in a parental
choice program or the SNSP in the current school year if the private school fails to
comply with specified program requirements. For certain program violations,
current law allows DPI to bar a private school from participating in the following
school year. Current law also allows DPI to withhold program payments if a
participating private school fails to comply with program requirements.
Under the bill, during the public health emergency declared on March 12, 2020,
by executive order 72, if a participating private school is closed by DHS or a local
health officer for ten or more school days during a school year, DPI may not withhold
program payments or bar the private school from participating in the parental choice
program or the SNSP in the current or following school year if the private school
demonstrates to DPI that the failure to comply with the program requirement was
due to the school closure.
Under current law, a private school participating in a parental choice program
must maintain a cash and investment balance that is at least equal to its reserve
balance. Under the bill, during the public health emergency declared on March 12,
2020, by executive order 72, this requirement does not apply in a school year during
which the private school is closed by DHS or a local health officer for ten or more
school days.
Private schools; waiver for hours of instruction in the 2019-20 school year
Under the bill, in the 2019-20 school year, upon request from a private school,
DPI may waive any requirement related to a private school providing hours of
instruction.

Wisconsin Parental Choice Program; application deadlines for the 2020-21
school year
The bill extends two deadlines related to pupil applications to attend a private
school in the Wisconsin Parental Choice Program in the 2020-21 school year. First,
under the bill, a private school participating in the WPCP may accept WPCP
applications for the 2020-21 school year from pupils until May 14, 2020, rather than
April 16, 2020, under current law. Second, under the bill, private schools
participating in the WPCP have until May 29, 2020, to submit information to DPI
about the number of WPCP applications the private school received from pupils for
the 2020-21 school year. Under current law, private schools participating in the
WPCP are required to submit this information to DPI by May 1, 2020.
Full-time open enrollment program; application deadlines for the 2020-21
school year
Under current law, a pupil may attend a public school in a school district other
than the pupil's resident school district under the full-time open enrollment
program (OEP). Current law specifies specific dates by which various steps must
occur in the OEP application process. For example, under current law, the last day
to submit an application to attend a nonresident school district under the OEP in the
2020-21 school year is April 30, 2020.
This bill extends statutory deadlines related to applications to attend a
nonresident school district under the OEP by approximately 30 days. For example,
under the bill, the last day to submit an application to attend a nonresident school
district under the OEP in the 2020-21 school year is May 29, 2020.
Reports on virtual instruction and other operations during the public
health emergency
Under the bill, by November 1, 2020, each school board must submit a report
to DPI that contains various information about school district operations during the
public health emergency, including whether the virtual instruction was
implemented in the school district, the number of staff who were laid off, the number
of lunches provided, and the amount of certain expenditure reductions. The report
must also include any challenges or barriers the school board faced in implementing
virtual instruction and the school board's recommendations for best practices related
to providing virtual instruction when schools are closed. Under the bill, DPI must
compile and report the information it receives from school boards to the legislature
by January 1, 2021. The bill defines the “public health emergency” as the period
during the 2019-20 school year when schools were closed by DHS. Finally, by June
30, 2020, the bill requires DPI to post on its Internet site guidance on best practices
for schools returning to in-person instruction.
7.
emergency management
Transfer of employees between executive branch agencies
This bill authorizes the secretary of administration to transfer employees from
any executive branch agency to another executive branch agency during the public
health emergency declared on March 12, 2020, by executive order 72. Under the bill,

the agency to which an employee is transferred shall pay all salary and fringe benefit
costs of that employee.
Waiving in-person requirements
This bill allows a state entity to waive any requirement that an individual
appear in person during the public health emergency declared on March 12, 2020,
by executive order 72, if the waiver assists in the state's response to the state of
emergency or if the requirement may increase the public health risk.
8.
Employment
Unemployment insurance
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