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JK:amn
2023 - 2024 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 386
September 12, 2023 - Offered by Representatives Ohnstad, Cabrera, Palmeri,
Sinicki, Ratcliff, Joers, Myers, C. Anderson, Stubbs, Bare, Jacobson,
Snodgrass, Conley, Emerson, Billings, Subeck, Considine, Riemer,
Neubauer, J. Anderson, Shankland, Shelton, Goyke, Moore Omokunde,
Andraca, Haywood, Baldeh, Ortiz-Velez, Drake, McGuire and Vining.
AB386-AA1,1,11 At the locations indicated, amend the bill as follows:
AB386-AA1,1,3 21. Page 1, line 4: delete “lowering the individual income tax rates in the third
3bracket and".
AB386-AA1,1,4 42. Page 2, line 1: before that line insert:
AB386-AA1,1,5 5 Section 1. 18.08 (2) of the statutes is amended to read:
AB386-AA1,1,126 18.08 (2) The capital improvement fund may be expended, pursuant to
7appropriations, only for the purposes and in the amounts for which the public debts
8have been contracted, for the payment of principal and interest on loans or on notes,
9for the payment due, if any, under an agreement or ancillary arrangement entered
10into under s. 18.06 (8) (a) with respect to any such public debt, for the purposes
11identified under s. 20.867 (2) (v), (3) (x), and (4) (q), and for expenses incurred in
12contracting public debt.
AB386-AA1,2
1Section 2. 18.08 (7) (a) of the statutes, as created by 2023 Wisconsin Act 19,
2is renumbered 18.08 (7) and amended to read:
AB386-AA1,2,103 18.08 (7) Notwithstanding sub. (3), moneys transferred under 2023 Wisconsin
4Act 19
, section 9251 (1), cannot be commingled with other moneys in the capital
5improvement fund and all earnings on or income from investments of the moneys
6transferred under 2023 Wisconsin Act 19, section 9251 (1), and all excess moneys so
7transferred that are not used to fund building projects authorized in the 2023-25
8Authorized State Building Program or are not used to offset cost adjustments with
9respect to any building project authorized in the 2023-25 Authorized State Building
10Program
, shall be deposited into or transferred to the general fund.
AB386-AA1,4 1Section 4. 20.255 (1) (hg) of the statutes is amended to read:
AB386-AA1,4,42 20.255 (1) (hg) Personnel licensure, teacher supply, information and analysis
3and teacher improvement.
The amounts in the schedule to fund licensure
4administrative costs under s. 115.28 (7) (d) and 118.19 (10), teacher supply,

1information and analysis costs under s. 115.29 (5), and teacher improvement under
2s. 115.41 (1). Ninety percent of all moneys received from the licensure of school and
3public library personnel under s. 115.28 (7) (d), and all moneys received under s.
4115.41 (1), shall be credited to this appropriation.
AB386-AA1,5 5Section 5. 20.255 (2) (ch) of the statutes is created to read:
AB386-AA1,4,86 20.255 (2) (ch) Grow your own programs; teacher pipeline capacity building.
7The amounts in the schedule for grants under s. 115.422 to school districts and
8operators of a charter school under s. 118.40 (2r) or (2x).
AB386-AA1,6 9Section 6. 20.255 (3) (ci) of the statutes is created to read:
AB386-AA1,4,1110 20.255 (3) (ci) Teacher improvement program stipends. The amounts in the
11schedule for payments to individuals under s. 115.41 (2).
AB386-AA1,7 12Section 7. 20.255 (3) (cL) of the statutes is created to read:
AB386-AA1,4,1413 20.255 (3) (cL) Library intern stipend payments. The amounts in the schedule
14for library intern stipend payments under s. 43.05 (12m).
AB386-AA1,8 15Section 8. 20.255 (3) (cs) of the statutes is created to read:
AB386-AA1,4,1716 20.255 (3) (cs) Student teacher stipends. The amounts in the schedule for
17payments to student teachers under s. 115.421.
AB386-AA1,9 18Section 9. 20.255 (3) (ct) of the statutes is created to read:
AB386-AA1,4,2019 20.255 (3) (ct) Cooperating teacher stipends. The amounts in the schedule for
20payments to teachers under s. 115.424.
AB386-AA1,10 21Section 10. 20.435 (4) (bm) of the statutes is amended to read:
AB386-AA1,5,1522 20.435 (4) (bm) Medical Assistance, food stamps, and Badger Care
23administration; contract costs, insurer reports, and resource centers.
Biennially, the
24amounts in the schedule to provide a portion of the state share of administrative
25contract costs for the Medical Assistance program under subch. IV of ch. 49 and the

1Badger Care health care program under s. 49.665 and to provide the state share of
2administrative costs for the food stamp program under s. 49.79, other than payments
3under s. 49.78 (8), to develop and implement a registry of recipient immunizations,
4to reimburse 3rd parties for their costs under s. 49.475, for costs associated with
5outreach activities, for state administration of state supplemental grants to
6supplemental security income recipients under s. 49.77, for state administration and
7evaluation of the health care provider innovation grants program under s. 46.48 (22),

8and for services of resource centers under s. 46.283. No state positions may be funded
9in the department of health services from this appropriation, except positions for the
10performance of duties under a contract in effect before January 1, 1987, related to
11the administration of the Medical Assistance program between the subunit of the
12department primarily responsible for administering the Medical Assistance
13program and another subunit of the department. Total administrative funding
14authorized for the program under s. 49.665 may not exceed 10 percent of the amounts
15budgeted under pars. (p) and (x).
AB386-AA1,11 16Section 11. 20.437 (2) (c) of the statutes is created to read:
AB386-AA1,5,1817 20.437 (2) (c) Child care quality improvement program. The amounts in the
18schedule for the program under s. 49.133.
AB386-AA1,12 19Section 12. 20.437 (2) (d) of the statutes is created to read:
AB386-AA1,5,2120 20.437 (2) (d) Child care partnership grant program. The amounts in the
21schedule for the grants under s. 49.132.
AB386-AA1,13 22Section 13. 20.445 (1) (bw) of the statutes is created to read:
AB386-AA1,5,2523 20.445 (1) (bw) Health care workforce innovation grants. As a continuing
24appropriation, the amounts in the schedule for health care workforce innovation
25grants under s. 106.29.
AB386-AA1,14
1Section 14. 20.445 (1) (bx) of the statutes is created to read:
AB386-AA1,6,32 20.445 (1) (bx) Health care workforce opportunity grants. As a continuing
3appropriation, the amounts in the schedule for grants under s. 106.295.
AB386-AA1,15 4Section 15. 20.445 (6) of the statutes is created to read:
AB386-AA1,6,95 20.445 (6) Family and medical leave benefits insurance program. (q) Payment
6of benefits; family and medical leave benefits insurance trust fund.
From the family
7and medical leave benefits insurance trust fund, a sum sufficient to pay for the
8payment of benefits under s. 103.105 (3) and to refund moneys erroneously paid into
9the fund.
AB386-AA1,6,1310 (r) Administrative expenses; family and medical leave benefits insurance trust
11fund.
Biennially, from the family and medical leave benefits insurance trust fund,
12the amounts in the schedule for the administrative expenses of the family and
13medical leave benefits insurance program.
AB386-AA1,16 14Section 16. 20.867 (3) (x) of the statutes, as created by 2023 Wisconsin Act 19,
15is amended to read:
AB386-AA1,7,216 20.867 (3) (x) Segregated revenue supported building program projects;
17inflationary project cost overruns.
From the capital improvement fund, as a
18continuing appropriation, all moneys transferred under 2023 Wisconsin Act 19,
19section 9251 (1), and 2023 Wisconsin Act .... (this act), section 94 (11), to fund the
20projects enumerated under 2023 Wisconsin Act 19, section 9104 (1), including the
21project created by 2023 Wisconsin Act .... (this act), section 92,
in the amounts
22designated as “segregated revenue” in that section for those projects; to fund the
23other expenditures and allocations designated as “segregated revenue” under 2023
24Wisconsin Act 19
, section 9104 (4) to (13); and to offset building program project

1budget cost overruns caused by inflation under s. 13.48 (2) (L) in a total amount up
2to $20,000,000.
AB386-AA1,17 3Section 17. 25.17 (1) (er) of the statutes is created to read:
AB386-AA1,7,44 25.17 (1) (er) Family and medical leave benefits insurance trust fund (s. 25.52);
AB386-AA1,18 5Section 18. 25.52 of the statutes is created to read:
AB386-AA1,7,9 625.52 Family and medical leave benefits insurance trust fund. There
7is created a separate nonlapsible trust fund designated as the family and medical
8leave benefits insurance trust fund, to consist of all moneys deposited in that fund
9under s. 103.105 (8).
AB386-AA1,19 10Section 19. 40.22 (1) of the statutes is amended to read:
AB386-AA1,7,1511 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) (1), each
12employee currently in the service of, and receiving earnings from, a state agency or
13other participating employer shall be included within the provisions of the Wisconsin
14retirement system as a participating employee of that state agency or participating
15employer.
AB386-AA1,20 16Section 20. 40.22 (2) (L) of the statutes is amended to read:
AB386-AA1,7,1917 40.22 (2) (L) The employee is employed by a participating employer after the
18person becomes an annuitant, unless the service is after the annuity is suspended
19by the election of the employee under s. 40.26.
AB386-AA1,21 20Section 21. 40.22 (2m) (intro.) of the statutes is amended to read:
AB386-AA1,8,221 40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee
22who was a participating employee before July 1, 2011, who is not expected to work
23at least one-third of what is considered full-time employment by the department,
24as determined by rule, and who is not otherwise excluded under sub. (2) from
25becoming a participating employee shall become a participating employee if he or she

1is subsequently employed by the state agency or other participating employer for
2either of the following periods:
AB386-AA1,22 3Section 22. 40.22 (2r) (intro.) of the statutes is amended to read:
AB386-AA1,8,104 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee
5who was not a participating employee before July 1, 2011, who is not expected to work
6at least two-thirds of what is considered full-time employment by the department,
7as determined by rule, and who is not otherwise excluded under sub. (2) from
8becoming a participating employee shall become a participating employee if he or she
9is subsequently employed by the state agency or other participating employer for
10either of the following periods:
AB386-AA1,23 11Section 23. 40.22 (3) (intro.) of the statutes is amended to read:
AB386-AA1,8,1412 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) (1), a person who
13qualifies as a participating employee shall be included within, and shall be subject
14to, the Wisconsin retirement system effective on one of the following dates:
AB386-AA1,24 15Section 24. 40.26 (1) of the statutes is amended to read:
AB386-AA1,8,2416 40.26 (1) Except as provided in sub. (1m) and ss. 40.05 (2) (g) 2. and 40.23 (1)
17(am), if a participant receiving a retirement annuity, or a disability annuitant who
18has attained his or her normal retirement date, receives earnings that are subject
19to s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified
20in s. 40.22 (2) (L), the annuity shall be suspended, including any amount provided
21by additional contributions, and no annuity payment shall be payable after the
22month in which the participant files with the department a written election to be
23included within the provisions of the Wisconsin retirement system as a participating
24employee.
AB386-AA1,25 25Section 25. 40.26 (1m) of the statutes is repealed.
AB386-AA1,26
1Section 26. 40.26 (2) (intro.) of the statutes is amended to read:
AB386-AA1,9,42 40.26 (2) (intro.) Upon suspension of an annuity under sub. (1) or (1m), the
3retirement account of the participant whose annuity is so suspended shall be
4established on the following basis:
AB386-AA1,27 5Section 27. 40.26 (5) (intro.) of the statutes is amended to read:
AB386-AA1,9,106 40.26 (5) (intro.) Except as otherwise provided in sub. (5m), if If a participant
7applies for an annuity or lump sum payment during the period in which less than 75
830 days have elapsed between the termination of employment with a participating
9employer and becoming a participating employee with any participating employer,
10all of the following shall apply:
AB386-AA1,28 11Section 28. 40.26 (5m) of the statutes is repealed.
AB386-AA1,29 12Section 29. 40.26 (6) of the statutes is repealed.
AB386-AA1,30 13Section 30. 43.05 (12m) of the statutes is created to read:
AB386-AA1,9,1814 43.05 (12m) From the appropriation under s. 20.255 (3) (cL), beginning in the
152024-25 school year, provide payments, in the amount of $2,500 per student per
16semester, to students who are pursuing a degree in library science and are placed as
17an intern in a public library or school library. The division may promulgate rules to
18implement this subsection.
AB386-AA1,31 19Section 31. 46.48 (22) of the statutes is created to read:
AB386-AA1,9,2420 46.48 (22) Health care provider innovation grants. From the appropriation
21under s. 20.435 (7) (bc), the department may, beginning in fiscal year 2024-25,
22distribute not more than $14,500,000 in each fiscal year as grants to health care
23providers and long-term care providers to implement best practices and innovative
24solutions to increase worker recruitment and retention.
AB386-AA1,32 25Section 32. 49.132 of the statutes is created to read:
AB386-AA1,10,3
149.132 Child care partnership grant program. (1) In this section,
2“business" means any organization or enterprise operated for profit or a nonprofit
3corporation. “Business” does not include a governmental entity.
AB386-AA1,10,8 4(2) The department may establish a grant program to award funding to
5businesses that provide or wish to provide child care services for their employees.
6A grant awarded under this program may be used to reserve child care placements
7for local business employees, pay child care tuition, and other costs related to child
8care.
AB386-AA1,10,10 9(3) A business awarded a grant under this section shall provide matching funds
10equal to 25 percent or more of the amount awarded.
AB386-AA1,10,12 11(4) The department may promulgate rules to administer this section, including
12to determine eligibility for a grant.
AB386-AA1,33 13Section 33. 49.133 of the statutes is created to read:
AB386-AA1,10,19 1449.133 Child care quality improvement program. (1) The department
15may establish a program under which it may, from the appropriation under s. 20.437
16(2) (c) and the allocation under s. 49.175 (1) (qm), make monthly payments and
17monthly per-child payments to child care providers certified under s. 48.651, child
18care centers licensed under s. 48.65, and child care programs established or
19contracted for by a school board under s. 120.13 (14).
AB386-AA1,10,22 20(2) The department may promulgate rules to implement the program under
21this section, including establishing eligibility requirements and payment amounts
22and setting requirements for how recipients may use the payments.
AB386-AA1,34 23Section 34. 49.155 (6) (e) 2. of the statutes is repealed.
AB386-AA1,35 24Section 35. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:
AB386-AA1,11,3
149.155 (6) (e) 3. (intro.) The department may modify a child care provider's
2maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider's
3quality rating, as described in the quality rating plan, in the following manner:
AB386-AA1,36 4Section 36. 49.175 (1) (q) of the statutes, as affected by 2023 Wisconsin Act 19,
5is amended to read:
AB386-AA1,11,106 49.175 (1) (q) Child care state administration and licensing activities. For state
7administration of child care programs under s. 49.155 and for child care licensing
8activities, $42,117,800 in fiscal year 2021-22 and $41,803,100 in fiscal year 2022-23.
9In fiscal year 2023-24, for such programs and activities, $45,796,000 $46,108,000.
10In fiscal year 2024-25, for such programs and activities, $45,570,300 $46,194,300.
AB386-AA1,37 11Section 37. 49.175 (1) (qm) of the statutes, as affected by 2023 Wisconsin Act
1219
, is amended to read:
AB386-AA1,11,1613 49.175 (1) (qm) Quality care for quality kids. For the child care quality
14improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,683,700
15in fiscal year 2022-23. In fiscal year 2023-24, for such activities, $28,518,700
16$47,518,700. In fiscal year 2024-25, for such activities, $46,018,700 $65,018,700.”.
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