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Bills · 2021-2022 Regular Session

AB 1

Vetoed Official bill text Atom feed

Relating to: state government actions to address the COVID-19 pandemic, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Administration department of — Agency and general functions Administration department of — Boards and other subdivisions Administrative procedure Administrative rules Appropriation Arts Business Children — Special educational needs Colleges and universities Community_based residential facility Coroner County — Taxation Court — Procedure Damage personal injury Data processing Day care Death Dentistry Disease Drugs Employment Federal aid Funeral and funeral director Governor Guardian and ward Hazardous waste or substance Health services department of — Administration Health services department of — Health Health services department of — Supportive living and treatment Hospitals and health care facilities Housing Indians and tribal issues Insurance — Health Interstate relations Legislature Legislature — Finance joint committee on Legislature — Procedure Loan Medical assistance Medical malpractice Medical practice group Medical service Medical service — Occupations Medicine Municipality Municipality — Taxation Natural resources department of — Administration Nurses Nursing homes and adult care Organization miscellaneous Parochial and private schools Pharmacy Physical therapy Physician Plats Prison Privacy Property tax Property tax — Assessment Public employee Public employee — Group insurance Public employee — Hours of labor Public health Public instruction department of Public lands board of commissioners of Public utility Religious societies Reports Retirement system wisconsin Revenue department of Safety and professional services department of School School — Attendance School — Board School — Building School — Curriculum School — Employee School — Health program State agencies State capitol State employee Surveying and surveyors Teacher — Certificate Technical college Trades and occupations Transportation department of — Administration Unemployment insurance United states — Health and human services department of University of wisconsin — Courses Vaccination Workforce development department of

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, stopped here
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

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,

until the conclusion of a national emergency declared by the U.S. president in

response to the 2019 novel coronavirus, if an individual who has been diagnosed with

COVID-19 dies, the coroner or medical examiner may perform a 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. These changes were enacted in

2019 Wisconsin Act 185

, but applied

only during the state of emergency related to public health declared on March 12,

2020.

Courts

Civil liability exemption for certain entities relating to COVID-19 claims

The bill establishes a civil liability exemption for entities for any act or failure

to act resulting in or relating to a person's exposure to the novel coronavirus

identified as SARS-CoV-2 or COVID-19 in the course of or through the performance

or provision of the entity's functions or services. Under the bill, entities are defined

to include any legal entity, including businesses, associations, governmental

entities, schools, institutions of higher education, or nonprofit organizations, as well

as employers or business owners, employees, agents, or independent contractors of

the entity, regardless of whether they are paid or volunteers. Under the bill,

immunity does not apply if the act or omission involves reckless or wanton conduct

or intentional misconduct. The bill provides that an entity's noncompliance with any

national, state, or local order requiring entities to close or limit capacity does not

constitute reckless or wanton conduct or intentional misconduct for purposes of

immunity under the bill. The immunity granted in the bill applies retroactively to

claims accruing on or after March 1, 2020, except that it does not apply to actions filed

before the bill goes into effect.

Education

Full-time open enrollment; applications for the 2020-21 and 2021-22 school

years

Under current law, a pupil may attend a public school, including a virtual

charter school, in a school district other than the pupil's resident school district

(nonresident school district) under the full-time open enrollment program (OEP).

For purposes of the OEP, a virtual charter school is located in the school district that

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Born (R) , Cabral-Guevara (R) , Callahan (R) , Dallman (R) , Duchow (R) , Edming (R) , J. Rodriguez (R) , James (R) , Katsma (R) , Kuglitsch (R) , Magnafici (R) , Moses (R) , Petersen (R) , Schraa (R) , Snyder (R) , Steineke (R) , Summerfield (R) , Swearingen (R) , Thiesfeldt (R) , Tusler (R) , Vorpagel (R) , Vos (R) , Wichgers (R) , Wittke (R) , Zimmerman (R)

Votes

Assembly: Report passage recommended by Committee on Health, Ayes 11, Noes 5

Passed 11–5 Jan 5, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Substitute Amendment 1 laid on table, Ayes 56, Noes 34

Passed 56–34 Jan 7, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 56–34 Jan 7, 2021 official source full page

Aye · 56

Senate: Report adoption of Senate Substitute Amendment 1 recommended by Committee on Senate Organization, Ayes 3, Noes 2

Passed 3–2 Jan 11, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence as amended recommended by Committee on Senate Organization, Ayes 3, Noes 2

Passed 3–2 Jan 11, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Substitute Amendment 1 adopted, Ayes 29, Noes 2

Passed 29–2 Jan 12, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Substitute Amendment 2 rejected, Ayes 20, Noes 11

Passed 20–11 Jan 12, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 1 to Senate Substitute Amendment 1 adopted, Ayes 58, Noes 34, Paired 2

Passed 58–34 Jan 26, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 2 to Senate Substitute Amendment 1 adopted, Ayes 58, Noes 34, Paired 2

Passed 58–34 Jan 26, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 adopted, Ayes 59, Noes 35

Passed 59–35 Jan 28, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 concurred in as amended, Ayes 59, Noes 35, Paired 2

Passed 59–35 Jan 28, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: SHALL THE DECISION OF THE CHAIR STAND

Passed 59–34 Jan 28, 2021 official source full page

Aye · 59

Senate: NONCONCURRENCE AA2 TO SA1 TO AA1 TO SSA1

Failed 11–19 Feb 5, 2021 official source full page

Not voting · 2

Full history

  1. Jan 4, 2021 · Assembly

    Introduced by Representatives Vos, Summerfield, James, Tusler, Cabral-Guevara, Born, Steineke, Wichgers, Magnafici, Dallman, Katsma, Callahan, Kuglitsch, J. Rodriguez, Vorpagel, Snyder, Duchow, Schraa, Petersen, Thiesfeldt, Swearingen, Zimmerman, Edming, Wittke and Moses

  2. Jan 4, 2021 · Assembly

    Read first time and referred to Committee on Health

  3. Jan 5, 2021 · Assembly

    Public hearing held

  4. Jan 5, 2021 · Assembly

    Executive action taken

  5. Jan 5, 2021 · Assembly

    Report passage recommended by Committee on Health, Ayes 11, Noes 5

  6. Jan 5, 2021 · Assembly

    Referred to committee on Rules

  7. Jan 5, 2021 · Assembly

    Placed on calendar 1-7-2021 by Committee on Rules

  8. Jan 6, 2021 · Assembly

    Commissioner of Insurance report received pursuant to s.601.423(2), Wisconsin Statutes

  9. Jan 6, 2021 · Assembly

    Fiscal estimate received

  10. Jan 6, 2021 · Assembly

    Assembly Substitute Amendment 1 offered by Representatives Hintz, Hesselbein, Spreitzer, Subeck, B. Meyers, Haywood, Anderson, Andraca, Baldeh, Billings, Bowen, Brostoff, Cabrera, Conley, Considine, Doyle, Drake, Emerson, Goyke, Hebl, Hong, McGuire, Milroy, Moore Omokunde, L. Myers, Neubauer, Ohnstad, Ortiz-Velez, Pope, Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Stubbs, Vining and Vruwink

  11. Jan 7, 2021 · Assembly

    Read a second time

  12. Jan 7, 2021 · Assembly

    Assembly Substitute Amendment 1 laid on table, Ayes 56, Noes 34

  13. Jan 7, 2021 · Assembly

    Assembly Amendment 1 offered by Representative Vos

  14. Jan 7, 2021 · Assembly

    Assembly Amendment 1 adopted

  15. Jan 7, 2021 · Assembly

    Ordered to a third reading

  16. Jan 7, 2021 · Assembly

    Rules suspended

  17. Jan 7, 2021 · Assembly

    Read a third time and passed, Ayes 56, Noes 34, Paired 2

  18. Jan 7, 2021 · Assembly

    Ordered immediately messaged

  19. Jan 7, 2021 · Senate

    Received from Assembly

  20. Jan 8, 2021 · Senate

    Read first time and referred to committee on Finance

  21. Jan 11, 2021 · Senate

    Withdrawn from committee on Finance and rereferred to committee on Senate Organization pursuant to Senate Rule 46(2)(c)

  22. Jan 11, 2021 · Senate

    Senate Substitute Amendment 1 offered by Senators LeMahieu, Kapenga and Feyen

  23. Jan 11, 2021 · Senate

    Public hearing held

  24. Jan 11, 2021 · Senate

    Executive action taken

  25. Jan 11, 2021 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by Committee on Senate Organization, Ayes 3, Noes 2

  26. Jan 11, 2021 · Senate

    Report concurrence as amended recommended by Committee on Senate Organization, Ayes 3, Noes 2

  27. Jan 11, 2021 · Senate

    Available for scheduling

  28. Jan 11, 2021 · Senate

    Placed on calendar 1-12-2021 pursuant to Senate Rule 18(1)

  29. Jan 12, 2021 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senators LeMahieu and Testin

  30. Jan 12, 2021 · Senate

    Senate Substitute Amendment 2 offered by Senators Roys, Agard, Erpenbach, Johnson, Larson and Smith

  31. Jan 12, 2021 · Senate

    Read a second time

  32. Jan 12, 2021 · Senate

    Rules suspended to take up Senate Substitute Amendment 2

  33. Jan 12, 2021 · Senate

    Senate Substitute Amendment 2 rejected, Ayes 20, Noes 11

  34. Jan 12, 2021 · Senate

    Senate Amendment 2 to Senate Substitute Amendment 1 offered by Senators LeMahieu and Testin

  35. Jan 12, 2021 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 1 withdrawn and returned to author

  36. Jan 12, 2021 · Senate

    Senate Amendment 2 to Senate Substitute Amendment 1 adopted

  37. Jan 12, 2021 · Senate

    Senate Substitute Amendment 1 adopted, Ayes 29, Noes 2

  38. Jan 12, 2021 · Senate

    Ordered to a third reading

  39. Jan 12, 2021 · Senate

    Rules suspended

  40. Jan 12, 2021 · Senate

    Read a third time and concurred in as amended

  41. Jan 12, 2021 · Senate

    Ordered immediately messaged

  42. Jan 12, 2021 · Assembly

    Received from Senate amended and concurred in as amended (Senate Amendment 2 to Senate Substitute Amendment 1 and Senate Substitute Amendment 1 adopted)

  43. Jan 13, 2021 · Assembly

    Fiscal estimate received

  44. Jan 14, 2021 · Assembly

    Fiscal estimate received

  45. Jan 19, 2021 · Assembly

    Fiscal estimate received

  46. Jan 20, 2021 · Assembly

    Fiscal estimate received

  47. Jan 20, 2021 · Assembly

    Fiscal estimate received

  48. Jan 26, 2021 · Assembly

    Fiscal estimate received

  49. Jan 26, 2021 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Representative Steineke

  50. Jan 26, 2021 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 adopted, Ayes 58, Noes 34, Paired 2

  51. Jan 26, 2021 · Assembly

    Assembly Amendment 2 to Senate Substitute Amendment 1 offered by Representative Steineke

  52. Jan 26, 2021 · Assembly

    Assembly Amendment 2 to Senate Substitute Amendment 1 adopted, Ayes 58, Noes 34, Paired 2

  53. Jan 26, 2021 · Assembly

    Senate Substitute Amendment 1 concurred in as amended, Ayes 58, Noes 34, Paired 2

  54. Jan 26, 2021 · Assembly

    Ordered immediately messaged

  55. Jan 26, 2021 · Senate

    Received from Assembly amended and concurred in as amended, Assembly Amendment 1 to Senate Substitute Amendment 1 and Assembly Amendment 2 to Senate Substitute Amendment 1 adopted

  56. Jan 27, 2021 · Senate

    Referred to committee on Senate Organization

  57. Jan 27, 2021 · Senate

    Available for scheduling

  58. Jan 27, 2021 · Senate

    Placed on calendar 1-28-2021 pursuant to Senate Rule 18(1)

  59. Jan 28, 2021 · Senate

    Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Senator Nass

  60. Jan 28, 2021 · Senate

    Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 adopted

  61. Jan 28, 2021 · Senate

    Assembly Amendment 1 to Senate Substitute Amendment 1 concurred in as amended

  62. Jan 28, 2021 · Senate

    Assembly Amendment 2 to Senate Substitute Amendment 1 concurred in

  63. Jan 28, 2021 · Senate

    Ordered immediately messaged

  64. Jan 28, 2021 · Assembly

    Received from Senate: Assembly Amendment 2 to Senate Substitute Amendment 1 concurred in

  65. Jan 28, 2021 · Assembly

    Received from Senate amended and concurred in as amended Assembly Amendment 1 to Senate Substitute Amendment 1 (Senate Amendment 1 adopted)

  66. Jan 28, 2021 · Assembly

    Assembly Amendment 1 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Representatives Anderson, Andraca, Baldeh, Billings, Bowen, Brostoff, Cabrera, Conley, Considine, Doyle, Drake, Emerson, Goyke, Haywood, Hebl, Hesselbein, Hintz, Hong, McGuire, B. Meyers, Milroy, Moore Omokunde, L. Myers, Neubauer, Ohnstad, Ortiz-Velez, Pope, Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs, Subeck, Vining and Vruwink

  67. Jan 28, 2021 · Assembly

    Point of order that Assembly Amendment 1 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 not germane under Assembly Rule 54 well taken

  68. Jan 28, 2021 · Assembly

    Decision of the Chair appealed

  69. Jan 28, 2021 · Assembly

    Decision of the Chair upheld, Ayes 59, Noes 34

  70. Jan 28, 2021 · Assembly

    Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Representatives Steineke and Vos

  71. Jan 28, 2021 · Assembly

    Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 adopted, Ayes 59, Noes 35

  72. Jan 28, 2021 · Assembly

    Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 concurred in as amended, Ayes 59, Noes 35, Paired 2

  73. Jan 28, 2021 · Assembly

    Ordered immediately messaged

  74. Feb 4, 2021 · Senate

    Received from Assembly amended and concurred in as amended, Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 adopted

  75. Feb 5, 2021 · Senate

    Withdrawn from Assembly message and taken up

  76. Feb 5, 2021 · Senate

    Refused to nonconcur in Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1, Ayes 11, Noes 19

  77. Feb 5, 2021 · Senate

    Assembly Amendment 2 to Senate Amendment 1 to Assembly Amendment 1 to Senate Substitute Amendment 1 concurred in, Ayes 19, Noes 11

  78. Feb 5, 2021 · Senate

    Ordered immediately messaged

  79. Feb 5, 2021 · Assembly

    Received from Senate concurred in

  80. Feb 5, 2021 · Assembly

    LRB correction (Senate Amendment 2 to Senate Substitute Amendment 1)

  81. Feb 5, 2021 · Assembly

    Report correctly enrolled on 2-5-2021

  82. Feb 5, 2021 · Assembly

    Presented to the Governor on 2-5-2021

  83. Feb 5, 2021 · Assembly

    Report vetoed by the Governor on 2-5-2021

  84. Feb 8, 2021 · Assembly

    Fiscal estimate received

  85. Feb 10, 2021 · Assembly

    Fiscal estimate received

  86. May 17, 2022 · Assembly

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  87. May 17, 2022 · Assembly

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82