AB1038-SSA1,22,223 40.26 (5) (intro.) If Except as otherwise provided in sub. (5m), if a participant
24applies for an annuity or lump sum payment during the period in which less than 75
25days have elapsed between the termination of employment with a participating

1employer and becoming a participating employee with any participating employer,
2all of the following shall apply:
AB1038-SSA1,46 3Section 46 . 40.26 (5m) of the statutes is created to read:
AB1038-SSA1,22,94 40.26 (5m) When the governor declares a state of emergency related to a public
5health emergency under s. 323.10, sub. (5) does not apply during the state of
6emergency if at least 15 days have elapsed between the termination of employment
7with a participating employer and becoming a participating employee if the position
8for which the participant is hired is a critical position, as determined by the secretary
9of health services under s. 323.19 (3).
AB1038-SSA1,47 10Section 47 . 40.26 (6) of the statutes is created to read:
AB1038-SSA1,22,1511 40.26 (6) When the governor declares a state of emergency under s. 323.10, a
12participant who is hired during the emergency may elect to not suspend his or her
13retirement annuity or disability annuity under sub. (1m) for the duration of the state
14of emergency related to a public health emergency if all of the following conditions
15are met:
AB1038-SSA1,22,1916 (a) At the time the participant terminates his or her employment with a
17participating employer, the participant does not have an agreement with any
18participating employer to return to employment or enter into a contract to provide
19employee services for the employer.
AB1038-SSA1,22,2120 (b) The position for which the participant has been hired is a critical position,
21as determined under s. 323.19 (3).
AB1038-SSA1,48 22Section 48. 40.51 (8) of the statutes is amended to read:
AB1038-SSA1,23,223 40.51 (8) Every health care coverage plan offered by the state under sub. (6)
24shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
25(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,

1632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to
2(17), and 632.896.
AB1038-SSA1,49 3Section 49. 40.51 (8m) of the statutes is amended to read:
AB1038-SSA1,23,74 40.51 (8m) Every health care coverage plan offered by the group insurance
5board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
6632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867,
7632.871, 632.885, 632.89, and 632.895 (11) to (17).
AB1038-SSA1,50 8Section 50. 46.968 of the statutes is created to read:
AB1038-SSA1,23,10 946.968 Reimbursements for COVID-19 services. (1) Definitions. In this
10section:
AB1038-SSA1,23,1111 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,23,1212 (b) “Health care provider” has the meaning given in s. 146.81 (1).
AB1038-SSA1,23,22 13(2) Reimbursements. The department shall establish and implement a
14program, including the process and criteria, to reimburse a health care provider for
15testing or treating any individual for COVID-19 during an outbreak of COVID-19
16or for vaccinating, if a vaccine is available, an individual against COVID-19 when
17the health care provider has incurred the cost because the individual does not have
18insurance or health coverage or the testing, treatment, or vaccination is not paid for
19by a publicly administered health program such as Medicare or the Medical
20Assistance program or another party. The department may not pay a reimbursement
21to a health care provider under the program established under this subsection unless
22all of the following have been satisfied:
AB1038-SSA1,23,2523 (a) A determination has been made whether the individual for whom the health
24care provider seeks reimbursement for testing, treatment, or vaccination is eligible
25for the Medical Assistance program under subch. IV of ch. 49.
AB1038-SSA1,24,4
1(b) All other sources of reimbursement for the testing, treatment, or
2vaccination, including any reimbursement of the health care provider from a public
3health and social services emergency fund administered by the federal government,
4have been exhausted.
AB1038-SSA1,51 5Section 51 . 48.026 of the statutes is created to read:
AB1038-SSA1,24,8 648.026 Public health emergency. During a public health emergency
7declared by the governor under s. 323.10, including any extension, all of the following
8apply:
AB1038-SSA1,24,11 9(1) Notwithstanding ss. 48.217 (2), 48.357 (2) (c), and 48.437 (2), in emergency
10situations, a child may be placed in a licensed public or private shelter care facility
11as a transitional placement for not more than 40 days.
AB1038-SSA1,24,13 12(2) The department may waive the preadoption training requirement under s.
1348.84 (2g) (a).
AB1038-SSA1,24,16 14(3) Notwithstanding s. 48.62 (1) or rules promulgated by the department under
15that section, a licensed foster care may receive more than 4 children if the
16department determines it is necessary.
AB1038-SSA1,24,19 17(4) Notwithstanding ss. 48.02 (7), 48.625 (1), and 938.02 (7), the maximum
18number of children that a person with a license to operate a group home may receive
19is 10 if the department determines it is necessary.
AB1038-SSA1,24,23 20(5) Notwithstanding s. 48.66 (5), the department may waive the requirement
21under that section to submit an application for continuance of a license 30 days before
22its expiration date and to submit payment of the applicable fees referred to in ss.
2348.68 (1), 48.685 (8), and 48.686 (2) (ag).
AB1038-SSA1,25,3
1(6) Notwithstanding s. 48.75 (1d), a foster home license issued under that
2subsection that expires during a public health emergency may be extended beyond
32 years from the date of issuance.
AB1038-SSA1,25,5 4(7) Notwithstanding s. 48.75 (1g) (a), a public licensing agency may license a
5foster home in another county.
AB1038-SSA1,25,9 6(8) Notwithstanding ss. 48.06 (2) (a) and 48.981 (3) (cr), upon request and on
7behalf of the county department in a county with a population of less than 750,000,
8the department may provide intake services required by s. 48.067 and any duty of
9the county under s. 48.981.
AB1038-SSA1,52 10Section 52 . 49.175 (1) (x) of the statutes is created to read:
AB1038-SSA1,25,1311 49.175 (1) (x) Public health emergency programs. For the public health
12emergency programs under s. 49.259 (2) (a) and (3), $100,000,000 in the 2019-21
13fiscal biennium.
AB1038-SSA1,53 14Section 53 . 49.175 (1) (zh) of the statutes is amended to read:
AB1038-SSA1,25,1815 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of
16moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation
17account under s. 20.835 (2) (kf) for the earned income tax credit, $69,700,000 in each
18fiscal year 2019-20 and $86,700,000 in fiscal year 2020-21.
AB1038-SSA1,54 19Section 54 . 49.175 (2) (b) of the statutes is created to read:
AB1038-SSA1,25,2320 49.175 (2) (b) Notwithstanding par. (a), during a state of emergency related to
21public health declared by the governor under s. 323.10, the department may
22reallocate funds that are allocated under a paragraph under sub. (1) for the purpose
23specified in sub. (1) (x), but not vice versa.
AB1038-SSA1,55 24Section 55 . 49.259 of the statutes is created to read:
AB1038-SSA1,26,3
149.259 Public health emergency grant programs. (1) Definition. In this
2section, “public health emergency” means a state of emergency related to public
3health declared by the governor under s. 323.10.
AB1038-SSA1,26,5 4(2) Grant programs. (a) Critical workforce child care grant program. 1. In
5this paragraph:
AB1038-SSA1,26,116 a. “Critical workforce member” means an employee, contractor, or other staff
7person working in a vital sector, including health care; child welfare; long-term care;
8residential care; pharmacy; child care; government operations; critical
9infrastructure, such as sanitation, transportation, utilities, telecommunications,
10grocery, and food services; supply chain operations; and other sectors as determined
11by the department.
AB1038-SSA1,26,1312 b. “First responder” means an employee of or volunteer for an agency that
13provides fire fighting, law enforcement, medical, or other emergency services.
AB1038-SSA1,26,2314 2. The department shall make grants available to entities that employ, contract
15with, or have as volunteers critical workforce members to help pay for or reimburse
16eligible child care costs. Eligible child care costs are those child care costs that are
17due to the public health issue that is the basis of a public health emergency and that
18are incurred during that public health emergency. Eligible child care costs include
19the cost to establish a temporary facility to provide care and supervision for children
20of critical workforce members or the cost to pay for a slot in an existing facility that
21provides care and supervision of children. The department shall prioritize grants
22that assist health care workers and first responders and may award grants that
23assist other critical workforce members at its discretion.
AB1038-SSA1,27,524 3. The department shall make grants available to child care providers certified
25under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed

1under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for
2providing care and supervision for children of critical workforce members during a
3public health emergency. The department shall prioritize grants that assist health
4care workers and first responders and may award grants that assist other critical
5workforce members at its discretion.
AB1038-SSA1,27,136 (b) Grant program for child care hazard pay. The department shall make
7monthly grants available to child care providers certified under s. 48.651 and child
8care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or
9established or contracted for under s. 120.13 (14) to pay for providing hazard pay to
10employees who work during a public health emergency. Whether or not a child care
11center or child care provider provides child care services to individuals who are
12eligible for subsidies under s. 49.155 does not affect eligibility for grants under this
13paragraph.
AB1038-SSA1,27,2314 (c) Grant program for closure of child care centers or providers. During a public
15health emergency, the department shall make monthly grants available to child care
16providers certified under s. 48.651 and child care centers licensed under s. 48.65,
17provisionally licensed under s. 48.69, or established or contracted for under s. 120.13
18(14) that cease operating because of a public health issue that is the basis of the public
19health emergency. Grants under this paragraph may be made only to cover costs of
20lost revenue from child care services that would otherwise have been provided to
21individuals who are not eligible for child care subsidies under s. 49.155 and only if
22those individuals are not charged for child care services while the child care provider
23or child care center is closed during the public health emergency.
AB1038-SSA1,28,224 (d) Congregate care facility grant program. The department shall make grants
25available to congregate care facilities, as defined under s. 48.685 (1) (ao), for the costs

1of addressing workforce shortages and other needs to keep facilities operational
2during a public health emergency.
AB1038-SSA1,28,3 3(3) Wisconsin Works eligibility. (a) Definitions. In this subsection :
AB1038-SSA1,28,44 1. “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).
AB1038-SSA1,28,55 2. “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).
AB1038-SSA1,28,106 (b) Expanded Wisconsin Works program. 1. During a public health emergency,
7an individual who is facing an immediate and discrete financial crisis due to the
8pandemic is eligible for a cash benefit payment of $653 per month under the
9Wisconsin Works program. An individual is eligible for a cash benefit payment under
10this paragraph if all of the following apply:
AB1038-SSA1,28,1311 a. The individual's place of employment closes, the individual is furloughed or
12temporarily laid off, or the individual misses work due to a lack of available child care
13as a result of the public health issue that is the basis of the public health emergency.
AB1038-SSA1,28,1614 b. The individual meets the eligibility criteria under s. 49.145 (2), except that
15the requirements under s. 49.145 (2) (h), (hm), (n), and (q) do not apply to a cash
16benefit payment under this paragraph.
AB1038-SSA1,28,2017 c. The individual is a member of a Wisconsin Works group whose gross income
18is at or below 200 percent of the poverty line. In calculating gross income under this
19subdivision, the Wisconsin Works agency shall include the income specified in s.
2049.145 (3) (b) 1. and 3.
AB1038-SSA1,28,2521 2. Notwithstanding s. 49.159 (1) (a) 1. to 4., during a public health emergency,
22a noncustodial parent is eligible to receive services and benefits under s. 49.159 (1)
23(b) regardless of whether or not the custodial parent participates in a Wisconsin
24Works employment position or receives services or benefits under s. 49.147 (2) (am),
2549.148 (1m), or 49.155.
AB1038-SSA1,29,4
1(c) Expanded job access loans. 1. During a public health emergency, an
2individual who is facing an immediate and discrete financial crisis due to the
3pandemic is eligible for a job access loan under s. 49.147 (6) if all of the following
4apply:
AB1038-SSA1,29,75 a. The individual meets the eligibility criteria under s. 49.145 (2), except that,
6notwithstanding s. 49.145 (2) (a), an individual who is a custodial or noncustodial
7parent is eligible for a loan under this paragraph.
AB1038-SSA1,29,118 b. The individual is a member of a Wisconsin Works group whose gross income
9is at or below 200 percent of the poverty line. In calculating gross income under this
10subd. 1. b., the Wisconsin Works agency shall include the income specified in s.
1149.145 (3) (b) 1. and 3.
AB1038-SSA1,29,1212 c. The individual meets the eligibility criteria under s. 49.147 (6) (a) 1. to 4.
AB1038-SSA1,29,1413 2. Notwithstanding s. 49.147 (6) (b) 1., the maximum loan amount for a job
14access loan under subd. 1. is $1,600.
AB1038-SSA1,29,1615 3. During a public health emergency, all payments on job access loans under
16this paragraph and s. 49.147 (6) are suspended.
AB1038-SSA1,29,2017 (d) Expanded emergency assistance. During a public health emergency, an
18individual who suffers a loss of income due to the public health issue that is the basis
19of the public health emergency is eligible for emergency assistance under s. 49.138.
20All of the following apply to emergency assistance under this paragraph:
AB1038-SSA1,30,421 1. An individual who meets the criteria established in the rules promulgated
22by the department under s. 49.138 (1d) (b) qualifies for emergency assistance under
23this paragraph, except that, notwithstanding those rules, an individual who is 18 to
2424 years of age and is not a parent or caretaker may apply for emergency assistance
25under this paragraph and an individual who is a member of an emergency assistance

1group with a gross income that is at or below 200 percent of the poverty line is eligible
2for emergency assistance under this paragraph. In calculating gross income under
3this subdivision, the Wisconsin Works agency shall include the income specified in
4s. 49.145 (3) (b) 1. and 3.
AB1038-SSA1,30,65 2. Notwithstanding s. 49.138 (1m), the maximum payment for emergency
6assistance under this paragraph is $1,200.
AB1038-SSA1,30,117 3. The department shall establish a streamlined eligibility verification process
8for the purposes of administering this paragraph. Notwithstanding ss. 227.01 (3m)
9and (13), 227.10, and 227.112, the streamlined eligibility verification process under
10this subdivision need not be promulgated as rules under ch. 227, is not a guidance
11document, and is not subject to the requirements of s. 227.112.
AB1038-SSA1,30,1312 4. An individual may receive emergency assistance under this paragraph only
13once in a 12-month period.
AB1038-SSA1,30,1514 5. An individual may qualify for both emergency assistance under s. 49.138 and
15expanded emergency assistance under this paragraph in the same 12-month period.
AB1038-SSA1,30,2116 (e) Expanded Wisconsin Shares program. 1. Notwithstanding programmatic
17and eligibility requirements under s. 49.155 and rules promulgated under that
18section, to the extent authorized under a plan amendment, waiver, or other federal
19approval under subd. 2., an individual who needs child care services due to the public
20health issue that is the basis of a public health emergency may receive a subsidy
21under s. 49.155 for child care services received during that public health emergency.
AB1038-SSA1,31,722 2. No later than 60 days after the governor declares a public health emergency,
23the department shall submit to the federal department of health and human services
24any request for a state plan amendment, waiver, or other federal approval necessary
25to expand eligibility, as determined by the department, for the child care subsidy

1program under s. 49.155 to individuals who need child care services due to the public
2health issue that is the basis of the public health emergency. If the federal
3department approves the request or if no federal approval is necessary, the
4department shall expand eligibility for the child care subsidy program under s.
549.155 as provided under subd. 1. If the federal department disapproves the request,
6the department may not expand eligibility for the child care subsidy program under
7s. 49.155 as provided under subd. 1.
AB1038-SSA1,31,148 (f) Short-term financial assistance. The department shall administer a
9short-term financial assistance program to provide cash payments to eligible
10families for up to 4 months to pay for costs associated with housing, transportation,
11and other essential needs during a public health emergency. An individual is eligible
12for financial assistance under this paragraph if the individual is financially affected
13by the public health issue that is the basis of the public health emergency and meets
14all of the following criteria:
AB1038-SSA1,31,1515 1. The individual is a custodial or noncustodial parent.
AB1038-SSA1,31,1616 2. The individual has attained the age of 18.
AB1038-SSA1,31,1817 3. The individual is a U.S. citizen or a qualifying alien, as defined by the
18department by rule.
AB1038-SSA1,31,1919 4. The individual has residence in this state.
AB1038-SSA1,31,2120 5. The individual has received any public benefits within the 12 months prior
21to the date of application.
AB1038-SSA1,31,2322 6. The individual is not receiving a Wisconsin Works benefit on the date that
23the individual applies for short-term financial assistance.
AB1038-SSA1,32,3 24(4) Program criteria and guidelines . The department may establish
25eligibility criteria and guidelines for administering the programs under subs. (2) and

1(3) (f), which, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, need
2not be promulgated as rules under ch. 227, are not guidance documents, and are not
3subject to the requirements of s. 227.112.
AB1038-SSA1,56 4Section 56. 49.45 (2t) (d) of the statutes is created to read:
AB1038-SSA1,32,85 49.45 (2t) (d) This subsection does not apply during a state of emergency
6declared by the governor under s. 323.10 for a public health emergency or a public
7health emergency declared under 42 USC 247d by the secretary of the federal
8department of health and human services.
AB1038-SSA1,57 9Section 57 . 49.688 (1) (c) of the statutes is renumbered 49.688 (1) (c) (intro.)
10and amended to read:
AB1038-SSA1,32,1111 49.688 (1) (c) (intro.) “Prescription drug" means a any of the following:
AB1038-SSA1,32,14 121. A prescription drug, as defined in s. 450.01 (20), that is included in the drugs
13specified under s. 49.46 (2) (b) 6. h. and that is manufactured by a drug manufacturer
14that enters into a rebate agreement in force under sub. (6).
AB1038-SSA1,58 15Section 58 . 49.688 (1) (c) 2. of the statutes is created to read:
AB1038-SSA1,32,1916 49.688 (1) (c) 2. A vaccination recommended for administration to adults by the
17federal centers for disease control and prevention's advisory committee on
18immunization practices and approved for administration to adults by the
19department.
AB1038-SSA1,59 20Section 59. 66.0137 (4) of the statutes is amended to read:
AB1038-SSA1,33,221 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
22a village provides health care benefits under its home rule power, or if a town
23provides health care benefits, to its officers and employees on a self-insured basis,
24the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
25632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,

1632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and
2767.513 (4).
AB1038-SSA1,60 3Section 60. 66.0809 (5) (bm) of the statutes is amended to read:
AB1038-SSA1,33,154 66.0809 (5) (bm) No earlier than 14 days after receiving a notice under par. (b)
5of a tenant's past-due charges for electric service, the owner of a rental dwelling unit
6may request that the municipal public utility terminate electric service to the rental
7dwelling unit. Except as provided under rules of the public service commission
8relating to disconnection of service and subject to the procedural requirements under
9those rules, unless all past-due charges are paid or a state of emergency under s.
10323.10 is in effect for the portion of the state in which the rental dwelling unit is
11located and the governor issues an order prohibiting the disconnection of service
12under this paragraph
, the municipal utility shall terminate electric service to the
13rental dwelling unit upon receipt of a request under this paragraph. This paragraph
14does not apply if a municipal public utility does not use the procedures under sub.
15(3) to collect the past-due charges.
AB1038-SSA1,61 16Section 61. 67.04 (5) (b) 5. of the statutes is created to read:
AB1038-SSA1,33,1917 67.04 (5) (b) 5. To replace revenue lost due to a disaster or public health
18emergency declared by the governor under s. 323.10 or by the county board under s.
19323.11.
AB1038-SSA1,62 20Section 62. 67.045 (1) (i) of the statutes is created to read:
AB1038-SSA1,34,421 67.045 (1) (i) The county board adopts a resolution stating that the debt is
22issued to replace revenue lost due to a disaster or public health emergency declared
23by the governor under s. 323.10 or by the county board under s. 323.11. The
24resolution shall specify the amount of revenue lost, or expected to be lost, due to
25effects related to the disaster or public health emergency, and a certified copy of the

1resolution shall be sent to the department of administration. The county may not
2issue the debt in an amount that exceeds the amount specified by the department of
3administration under sub. (2) (c), and the debt may not be for a term that exceeds 10
4years.
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