Amendment AA2-AB1038

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 1038

April 14, 2020 - Offered by Representatives Hintz, Hesselbein, Spreitzer, Doyle, Shankland, Brostoff, Emerson, Hebl, Stubbs, Cabrera, Zamarripa, Milroy, Anderson, Neubauer, Crowley, Riemer, Ohnstad, Goyke, Subeck, Pope, Kolste, Sargent, Considine, B. Meyers, Stuck, Fields, Vining, Billings, L. Myers and Sinicki.

AB1038-AA2,1,1 At the locations indicated, amend the bill as follows:

AB1038-AA2,1,2 1. Page 2, line 8: after “pandemic" insert “and making an appropriation".

AB1038-AA2,1,3 2. Page 20, line 5: after that line insert:

AB1038-AA2,1,4 “ Section 2m. 20.380 (1) (b) of the statutes is amended to read:

AB1038-AA2,2,2 20.380 (1) (b) Tourism marketing; general purpose revenue. Biennially, the amounts in the schedule for tourism marketing service expenses and the execution of the functions under ss. 41.11 (4) and (6) and 41.17. In each fiscal year, the department shall expend for tourism marketing service expenses and the execution of the functions under ss. 41.11 (4) and (6) and 41.17 an amount that bears the same proportion to the amount in the schedule for the fiscal year as the amount expended under par. (kg) in that fiscal year bears to the amount in the schedule for par. (kg) for that fiscal year. Of the amounts under this paragraph, not more than 50 percent shall be used to match funds allocated under s. 41.17 by private or public organizations for the joint effort marketing of tourism with the state.”.

AB1038-AA2,2,3 3. Page 23, line 21: after that line insert:

AB1038-AA2,2,4 “ Section 14m. 41.11 (6) of the statutes is created to read:

AB1038-AA2,2,8 41.11 (6) Regional destination marketing organization grant program. The department shall administer a program to award grants from the appropriation under s. 20.380 (1) (b) to a regional destination marketing organization. The amount awarded under this subsection may not exceed $2,000,000.”.

AB1038-AA2,2,9 4. Page 56, line 15: delete “testing".

AB1038-AA2,2,10 5. Page 58, line 21: delete lines 21 to 25 and substitute:

AB1038-AA2,2,16 “(b) Every disability insurance policy, and every self-insured health plan of the state or of a county, city, town, village, or school district, that generally covers testing and treatment for infectious diseases shall provide coverage of testing and treatment for COVID-19, including any prescription drugs, and administration of any vaccination developed to prevent COVID-19 without imposing any copayment or coinsurance on the individual covered under the policy or plan.”.

AB1038-AA2,2,17 6. Page 60, line 9: delete “good faith".

AB1038-AA2,2,18 7. Page 60, line 10: delete “or are" and substitute “and are".

AB1038-AA2,2,19 8. Page 82, line 21: after that line insert:

AB1038-AA2,2,20 “(17m) Child care grant programs and Wisconsin Shares.

AB1038-AA2,2,21 (a) Definitions. In this subsection:

AB1038-AA2,2,23 1. “Pandemic” means the pandemic resulting from the novel strain of coronavirus.

AB1038-AA2,3,2 2. “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-AA2,3,3 (b) Critical workforce child care grant program.

AB1038-AA2,3,4 1. In this paragraph:

AB1038-AA2,3,10 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 of children and families.

AB1038-AA2,3,12 b. “First responder” means an employee of or volunteer for an agency that provides fire fighting, law enforcement, medical, or other emergency services.

AB1038-AA2,3,22 2. The department of children and families may make grants available to entities that employ, contract with, or have as volunteers critical workforce members to help pay for or reimburse critical child care costs. Eligible child care costs are those child care costs that are due to the pandemic and that are incurred during the public health emergency. Critical 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-AA2,4,4 3. The department of children and families may make grants available to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14), and individual educators to pay for providing care and supervision for children of critical workforce members during the 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-AA2,4,12 (c) Grant program for child care hazard pay. The department of children and families may make monthly grants available to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14), and individual educators to pay for providing hazard pay to employees who work during the public health emergency. Whether or not a child care center, child care provider, or individual educator provides child care services to individuals who are eligible for subsidies under s. 49.155 does not impact eligibility for grants under this paragraph.

AB1038-AA2,4,22 (d) Grant program for closure of child care centers or providers. The department of children and families may 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 the pandemic during 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-AA2,5,2 (e) Program criteria and guidelines. The department of children and families may establish eligibility criteria and guidelines for administering the programs under pars. (b) to (d), which, 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-AA2,5,3 (f) Expanded Wisconsin Shares program.

AB1038-AA2,5,9 1. Notwithstanding programmatic and eligibility requirements under s. 49.155 and rules promulgated under that section, to the extent authorized under a plan amendment, waiver, or other federal approval under subd. 2., the department of children and families may expand eligibility so that an individual who needs child care services due to the pandemic may receive a subsidy under s. 49.155 for child care services received during the public health emergency.

AB1038-AA2,5,19 2. No later than 60 days after the effective date of this subdivision, the department shall submit to the federal department of health and human services any request for a state plan amendment, waiver, or other federal approval necessary to expand eligibility, as determined by the department, for the child care subsidy program under s. 49.155 to individuals who need child care services due to the pandemic. If the federal department approves the request or if no federal approval is necessary, the department may expand eligibility for the child care subsidy program under s. 49.155 as provided under subd. 1. If the federal department disapproves the request, the department may not expand eligibility for the child care subsidy program under s. 49.155 as provided under subd. 1.”.

AB1038-AA2,5,20 9. Page 86, line 4: after that line insert:

AB1038-AA2,5,22 “(24m) Foundations of Reading test requirements; public health emergency waiver.

AB1038-AA2,5,23 (a) In this subsection:

AB1038-AA2,6,3 1. “Emergency period” means the period beginning on the date the governor declared the public health emergency and ending 60 days after the public health emergency terminates.

AB1038-AA2,6,5 2. “Public health emergency” means the public health emergency declared on March 12, 2020, by executive order 72.

AB1038-AA2,6,8 (b) The requirement under s. 118.19 (14) (a) does not apply to an application for an initial teaching license that is received by the department of public instruction during the emergency period.”.

AB1038-AA2,6,9 10. Page 86, line 23: after that line insert:

AB1038-AA2,6,10 “(28m) Emergency assistance to small businesses.

AB1038-AA2,6,11 (a) Definitions. In this subsection:

AB1038-AA2,6,12 1. “Corporation” means the Wisconsin Economic Development Corporation.

AB1038-AA2,6,15 2. “COVID-19 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-AA2,6,16 (b) Grants to regional economic development organizations.

AB1038-AA2,6,18 1. From the appropriation under s. 20.192 (1) (a), the corporation shall award grants to regional economic development organizations under this paragraph.

AB1038-AA2,6,21 2. Each regional economic development organization receiving a grant under subd. 1. shall use all grant moneys to award grants to small businesses in this state that satisfy all of the following:

AB1038-AA2,6,23 a. The business ceased operations as a result of the COVID-19 public health emergency.

AB1038-AA2,6,24 b. The business regularly employs 50 or fewer employees.

AB1038-AA2,7,2 c. The business demonstrates a need for cash flow to pay its payroll, rent, utilities, or other expenses.

AB1038-AA2,7,4 d. The business demonstrates a loss of income as a result of the COVID-19 public health emergency.

AB1038-AA2,7,6 3. No business may receive more than a total of $10,000 in grants under this paragraph.

AB1038-AA2,7,7 (c) Low-interest loans to small businesses.

AB1038-AA2,7,9 1. From the appropriation under s. 20.192 (1) (a), the corporation shall award low-interest loans to small businesses in this state that satisfy all of the following:

AB1038-AA2,7,11 a. The business ceased operations as a result of the COVID-19 public health emergency.

AB1038-AA2,7,12 b. The business regularly employs 100 or fewer employees.

AB1038-AA2,7,14 c. The business demonstrates a need for cash flow to pay its payroll, rent, utilities, or other expenses.

AB1038-AA2,7,16 d. The business demonstrates a loss of income as a result of the COVID-19 public health emergency.

AB1038-AA2,7,18 2. No business may receive more than a total of $200,000 in loans under this paragraph.

AB1038-AA2,7,21 3. Notwithstanding s. 238.124 (1), each loan under this paragraph shall be forgivable beginning 2 years after loan origination if the borrower satisfies employee retention requirements established by the corporation.

AB1038-AA2,8,2 (d) Appropriation increase. Notwithstanding s. 20.192 (1) (a), each dollar amount shown in that appropriation is increased by $30,000,000 in fiscal year 2019-20 to provide assistance to small businesses under this subsection, and the corporation may expend $30,000,000 from that appropriation for purposes of this subsection notwithstanding the unencumbered balance in the appropriation account under s. 20.192 (1) (r).”.

AB1038-AA2,8,3 11. Page 86, line 23: after that line insert:

AB1038-AA2,8,4 “ Section 105m. Fiscal changes.

AB1038-AA2,8,9 (1) 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 to be used for the regional destination marketing organization grant program under s. 41.11 (6) and the joint effort marketing program under s. 41.17.

AB1038-AA2,8,14 (2) UW System; general program operations. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $59,000,000 to increase funding for the purpose for which the appropriation is made.”.

AB1038-AA2,8,15 (End)