Amendment SSA1-AB1038

AB1038-SSA1,39,10 2. Where an injury to a critical worker is found to be caused during any public health emergency declared under s. 323.10, including any extension, during the period beginning on March 12, 2020, and ending on June 30, 2021, or on the date the 2021-23 biennial budget bill is enacted, whichever is later.

AB1038-SSA1,80 Section 80 . 102.565 (6) of the statutes is created to read:

AB1038-SSA1,39,13 102.565 (6) This section does not apply to an employee whose claim of injury is presumed to be caused by employment under s. 102.03 (1) (h).

AB1038-SSA1,81 Section 81. 103.13 (2m) of the statutes is created to read:

AB1038-SSA1,39,21 103.13 (2m) Employee records during an emergency. Notwithstanding s. 103.13 (2), during the period covered by a state of emergency related to a public health emergency declared by the governor under s. 323.10, an employer is not required to provide an employee's personnel records within 7 working days after an employee makes a request to inspect his or her personnel records, and an employer is not required to provide the inspection at a location reasonably near the employee's place of employment during normal working hours.

AB1038-SSA1,82 Section 82 . 108.02 (26m) of the statutes is repealed.

AB1038-SSA1,83 Section 83 . 108.04 (3) of the statutes is repealed.

AB1038-SSA1,84 Section 84 . 108.04 (11) (bm) of the statutes is amended to read:

AB1038-SSA1,40,9 108.04 (11) (bm) The department shall apply any ineligibility under par. (be) against benefits and weeks of eligibility for which the claimant would otherwise be eligible after the week of concealment and within 6 years after the date of an initial determination issued under s. 108.09 finding that a concealment occurred. The claimant shall not receive waiting period credit under s. 108.04 (3) for the period of ineligibility applied under par. (be). If no benefit rate applies to the week for which the claim is made, the department shall use the claimant's benefit rate for the claimant's next benefit year beginning after the week of concealment to determine the amount of the benefit reduction.

AB1038-SSA1,85 Section 85 . 108.062 (3) of the statutes is amended to read:

AB1038-SSA1,40,14 108.062 (3) Approval of plans. The department shall approve a plan if the plan includes all of the elements specified in sub. (2) or (20), whichever is applicable. The approval is effective for the effective period of the plan unless modified under sub. (3m).

AB1038-SSA1,86 Section 86. 108.062 (3r) of the statutes is created to read:

AB1038-SSA1,40,18 108.062 (3r) Applicability of laws. A work-share program shall be governed by the law that was in effect when the plan or modification was last approved under sub. (3) or (3m), until the program ends as provided in sub. (4).

AB1038-SSA1,87 Section 87. 108.062 (15) of the statutes is amended to read:

AB1038-SSA1,40,23 108.062 (15) Involuntary termination. If in any week there are fewer than 20 employees who are included in a work-share program of any employer, the program terminates on the 2nd Sunday following the end of that week. This subsection does not apply to a work-share program to which sub. (20) applies.

AB1038-SSA1,88 Section 88. 108.062 (20) of the statutes is created to read:

AB1038-SSA1,41,9 108.062 (20) Suspensions of certain provisions during public health emergencies. Notwithstanding sub. (2), this subsection, and not sub. (2), applies during any period covered by a public health emergency declared for the entire state under s. 323.10, including any extension, and applies during any period during which the federal government pays the benefits under this section. During any such period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:

AB1038-SSA1,41,12 (a) Specify the work unit in which the plan will be implemented, the affected positions, and the names of the employees filling those positions on the date of submittal.

AB1038-SSA1,41,14 (b) Provide for initial coverage under the plan of at least 2 positions that are filled on the effective date of the work-share program.

AB1038-SSA1,41,16 (c) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 months in any 5-year period within the same work unit.

AB1038-SSA1,41,18 (d) Provide for apportionment of reduced working hours equitably among employees in the work-share program.

AB1038-SSA1,41,20 (e) Exclude participation by employees who are employed on a seasonal, temporary, or intermittent basis.

AB1038-SSA1,41,23 (f) Apply only to employees who have been engaged in employment with the employer for a period of at least 3 months on the effective date of the work-share program and who are regularly employed by the employer in that employment.

AB1038-SSA1,42,3 (g) Specify the normal average hours per week worked by each employee in the work unit and the percentage reduction in the average hours of work per week worked by that employee, exclusive of overtime hours, which shall be applied in a uniform manner and which shall be at least 10 percent of the normal hours per week of that employee but not more than whichever of the following is greater:

AB1038-SSA1,42,4 1. Sixty percent of the normal hours per week of that employee.

AB1038-SSA1,42,6 2. The maximum percent reduction of the normal hours per week of that employee that is permissible under federal law.

AB1038-SSA1,42,9 (h) Describe the manner in which requirements for maximum federal financial participation in the plan will be implemented, including a plan for giving notice, where feasible, to participating employees of changes in work schedules.

AB1038-SSA1,42,11 (i) Provide an estimate of the number of layoffs that would occur without implementation of the plan.

AB1038-SSA1,42,14 (j) Specify the effect on any fringe benefits provided by the employer to the employees who are included in the work-share program other than fringe benefits required by law.

AB1038-SSA1,42,16 (k) Include a statement affirming that the plan is in compliance with all employer obligations under applicable federal and state laws.

AB1038-SSA1,42,21 (L) Indicate whether the plan includes employer-sponsored training to enhance job skills and acknowledge that the employees may participate in training funded under the federal Workforce Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job skills without affecting availability for work, subject to department approval.

AB1038-SSA1,89 Section 89. 108.07 (8) of the statutes is created to read:

AB1038-SSA1,42,25 108.07 (8) (a) Notwithstanding any other provision of this chapter and except as provided in par. (b), all of the following shall be paid from the appropriation under s. 20.445 (1) (ag):

AB1038-SSA1,43,1 1. The first week of benefits for a claimant's benefit year.

AB1038-SSA1,43,2 2. For the first week of a claimant's benefit year, an additional payment of $600.

AB1038-SSA1,43,3 3. Benefits under s. 108.062.

AB1038-SSA1,43,8 (b) 1. a. Paragraph (a) 1. applies with respect to benefit years established in weeks beginning with the week of March 15, 2020, and ending with the week of June 27, 2021, or the last week that the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, is in effect, whichever is later.

AB1038-SSA1,43,11 b. Notwithstanding subd. 1. a., par. (a) 1. does not apply with respect to any week for which benefits are paid by the federal government under section 2105 of P.L. 116-136 or under any other federal enactment.

AB1038-SSA1,43,14 2. a. Paragraph (a) 2. applies with respect to benefit years established in weeks beginning with the week of March 15, 2020, and ending with the week of July 26, 2020.

AB1038-SSA1,43,17 b. Notwithstanding subd. 2. a., par. (a) 2. does not apply with respect to any week for which amounts are paid by the federal government under section 2104 of P.L. 116-136.

AB1038-SSA1,43,21 3. a. Paragraph (a) 3. applies with respect to benefits for weeks beginning with the week of March 15, 2020, and ending with the week of June 27, 2021, or the last week that the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, is in effect, whichever is later.

AB1038-SSA1,43,24 b. Notwithstanding subd. 3. a., par. (a) 3. does not apply with respect to any week for which benefits are paid by the federal government under section 2108 of P.L. 116-136.

AB1038-SSA1,44,2 4. Paragraph (a) does not apply with respect to the portion of any benefits paid by the federal government under section 2103 of P.L. 116-136.

AB1038-SSA1,44,5 5. In the case of a claim for regular benefits that is a combined-wage claim, as defined in s. 108.04 (13) (g) 1. a., par. (a) 1., 2., and 3. applies only with respect to this state's share of benefits.

AB1038-SSA1,44,7 6. Paragraph (a) 1., 2., and 3. does not apply to benefits chargeable as provided in sub. (7).

AB1038-SSA1,90 Section 90 . 115.385 (1) (intro.) of the statutes is amended to read:

AB1038-SSA1,44,11 115.385 (1) (intro.) Annually Except as provided in sub. (6), annually by November 30, the department shall publish a school and school district accountability report that includes all of the following components:

AB1038-SSA1,91 Section 91 . 115.385 (6) of the statutes is created to read:

AB1038-SSA1,44,14 115.385 (6) The department is not required to publish a school and school district accountability report under sub. (1) for the 2019-20 school year.

AB1038-SSA1,92 Section 92. 118.233 of the statutes is created to read:

AB1038-SSA1,44,17 118.233 School board employees; school closed by the department of health services. (1) Definitions. In this section:

AB1038-SSA1,44,19 (a) “Current employee” means an individual who is employed by a school board on the date on which the department of health services issues a school closure order.

AB1038-SSA1,44,21 (b) “Public health emergency” means a period when schools are closed by the department of health services under s. 252.02 (3).

AB1038-SSA1,44,22 (c) “School closure order” means an order to close schools under s. 252.02 (3).

AB1038-SSA1,44,25 (2) Layoffs prohibited. During a school year in which the department of health services issues a school closure order, a school board may not lay off a current employee during a public health emergency.

AB1038-SSA1,45,6 (3) Compensation. During a school year in which the department of health services issues a school closure order, a school board shall continue to pay current employees for regularly scheduled hours at the current employee's regular rate during a public health emergency, regardless of whether the current employee is required to report to work while schools are closed. A school board may pay a current employee more than what is required under this subsection.

AB1038-SSA1,93 Section 93. 118.38 (4) of the statutes is created to read:

AB1038-SSA1,45,9 118.38 (4) If the department of health services closes schools under s. 252.02 (3), all of the following apply during the school year in which schools are closed:

AB1038-SSA1,45,12 (a) Notwithstanding subs. (1) to (3), the department may waive any school board or school district requirement in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters.

AB1038-SSA1,45,16 (b) The department may waive any private school requirement in chs. 115 to 121 or the administrative rules promulgated by the department under the authority of those chapters, including any requirement related to participating in a program under s. 115.7915, 118.60 or 119.23.

AB1038-SSA1,45,20 (c) The department may waive any requirement on a charter school authorized under s. 118.40 (2r) or (2x) in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters, including any requirement on the authorizer, operator, or governing board of the charter school.

AB1038-SSA1,94 Section 94. 118.38 (5) of the statutes is created to read:

AB1038-SSA1,46,2 118.38 (5) If the department is not required to publish a school and school district accountability report under s. 115.385 for a school year, the department may waive any requirement related to the publication of that accountability report in chs. 115 to 121 or in the administrative rules promulgated by the department under the authority of those chapters.

AB1038-SSA1,95 Section 95. 120.13 (2) (g) of the statutes is amended to read:

AB1038-SSA1,46,7 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB1038-SSA1,96 Section 96. 140.145 (10) (a) of the statutes, as created by 2019 Wisconsin Act 125, is amended to read:

AB1038-SSA1,46,13 140.145 (10) (a) Any law governing the creation and execution of wills, codicils, or testamentary trusts, except that this section applies to a transaction governed as described in this paragraph during a public health emergency declared under s. 323.10.

AB1038-SSA1,97 Section 97. 140.145 (10) (b) of the statutes, as created by 2019 Wisconsin Act 125, is amended to read:

AB1038-SSA1,46,19 140.145 (10) (b) Any law governing the creation and execution of living trusts or trust amendments for personal use, not including a transaction, as defined in s. 137.11 (15), except that this section applies to a transaction governed as described in this paragraph during a public health emergency declared under s. 323.10.

AB1038-SSA1,98 Section 98. 150.93 (6) of the statutes is created to read:

AB1038-SSA1,46,23 150.93 (6) This section does not apply during a state of emergency related to public health declared under s. 323.10 and for the 60 days after the date the state of emergency related to public health expires.

AB1038-SSA1,99 Section 99. 185.983 (1) (intro.) of the statutes is amended to read:

AB1038-SSA1,47,8 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB1038-SSA1,100 Section 100. 196.504 (2) (a) of the statutes is amended to read:

AB1038-SSA1,47,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriations under s. 20.155 (3) (a), (r), and (rm).

AB1038-SSA1,101 Section 101. 234.535 of the statutes is created to read:

AB1038-SSA1,48,3 234.535 Foreclosure prevention and down payment assistance fund. There is established under the jurisdiction of the authority a foreclosure prevention and down payment assistance fund. There shall be paid into the fund the amounts appropriated under s. 20.490 (3) (b) and any other moneys that may be made available to the authority for the purpose of the fund from any other source. The authority shall use the moneys in the fund solely to provide financial support to homeowners with first-lien mortgage loans on eligible property, as defined in s. 234.59 (1) (d), held by the authority to prevent foreclosures of the mortgage loans and to fund new down payment assistance loans or purchase existing down payment assistance loans held by the authority under any down payment assistance program established by the authority. The authority may allow a down payment assistance loan that is funded or purchased with moneys under this section to be subordinated to a first-lien mortgage loan in the event that the related first-lien mortgage loan held by the authority is refinanced with another lender.

AB1038-SSA1,102 Section 102. 238.124 (1) of the statutes is amended to read:

AB1038-SSA1,48,9 238.124 (1) The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals. This subsection does not apply during any period covered by a public health emergency declared by the governor under s. 323.10, including any extension under s. 323.10, and during the 180 days following that period.

AB1038-SSA1,103 Section 103. 238.308 (3) of the statutes is renumbered 238.308 (3) (a).

AB1038-SSA1,104 Section 104. 238.308 (3) (b) of the statutes is created to read:

AB1038-SSA1,48,18 238.308 (3) (b) For a year including any part of the period covered by the public health emergency declared on March 12, 2020, by executive order 72, including any extension under s. 323.10, a person shall be considered to satisfy par. (a) if the net employment in this state in the person's business during that year is not less than the net employment in this state in the person's business during the year before the person was certified under sub. (2), as determined by the corporation under its policies and procedures.

AB1038-SSA1,105 Section 105. 250.04 (2) (a) of the statutes is amended to read:

AB1038-SSA1,49,2 250.04 (2) (a) The department possesses all powers necessary to fulfill the duties prescribed in the statutes and to bring action in the courts for the enforcement of public health statutes and rules. Notwithstanding s. 227.112, during a public health emergency declared under s. 323.10, the department possesses all powers necessary to respond to that emergency, including, as described under s. 323.21, the powers to expend public health emergency funds and, subject to approval of the governor, to confidentially investigate the cause and extent of any declared public health emergency and issue orders necessary to protect public health.

AB1038-SSA1,106 Section 106. 256.15 (2) (a) of the statutes is amended to read:

AB1038-SSA1,49,14 256.15 (2) (a) Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no person may act as or advertise for the provision of services as an ambulance service provider unless the person holds an ambulance service provider license issued under this section. Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no individual may act as or advertise for the provision of services as an emergency medical services practitioner unless he or she holds an emergency medical services practitioner license or training permit issued under sub. (5). Except when acting under s. 257.03 and except as provided in pars. (b) and, (c), and (d), no individual may act as or advertise for the provision of services as an emergency medical responder unless he or she holds an emergency medical responder certificate issued under sub. (8).

AB1038-SSA1,107 Section 107. 256.15 (2) (d) of the statutes is created to read:

AB1038-SSA1,49,17 256.15 (2) (d) During a state of emergency related to public health declared under s. 323.10 and notwithstanding the limits in par. (b), all of the following apply:

AB1038-SSA1,49,19 1. An ambulance service provider licensed in another state is not required to hold an ambulance service provider license under this section.