Amendment SE3 ASA1-SB1

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 1

November 14, 2023 - Offered by Representatives Shelton, Doyle, Haywood, Andraca, Ratcliff, Joers, Ohnstad, Stubbs, Bare, J. Anderson, Shankland, C. Anderson, Madison, Baldeh, Hong, Emerson, Jacobson, Subeck, Billings, Drake, Clancy, Neubauer, McGuire, Conley, Snodgrass, Goyke, Considine, Moore Omokunde, Vining, Sinicki, Myers, Palmeri and Ortiz-Velez.

SB1-ASA1,2,11 An Act to repeal 40.26 (1m), 40.26 (5m), 40.26 (6), 49.155 (6) (e) 2., 103.10 (1) (a) 1., 103.10 (1) (a) 2., 103.10 (3) (a), 103.10 (4) (b), 103.10 (14) (b) and 323.19 (3) and (4); to renumber 103.10 (1m) (b) 1., 103.10 (1m) (b) 6., 103.10 (1m) (b) 7., 103.10 (14) (a) and 115.41; to renumber and amend 18.08 (7) (a), 71.07 (9g) (b) and 103.10 (1) (a) (intro.); to amend 18.08 (2), 20.255 (1) (hg), 20.435 (4) (bm), 20.867 (3) (x), 40.22 (1), 40.22 (2) (L), 40.22 (2m) (intro.), 40.22 (2r) (intro.), 40.22 (3) (intro.), 40.26 (1), 40.26 (2) (intro.), 40.26 (5) (intro.), 49.155 (6) (e) 3. (intro.), 49.175 (1) (q), 49.175 (1) (qm), 103.10 (1) (b), 103.10 (2) (c), 103.10 (3) (b) 3., 103.10 (4) (a), 103.10 (6) (b) (intro.), 103.10 (6) (b) 1., 103.10 (7) (a), 103.10 (7) (b) (intro.), 103.10 (7) (b) 1., 103.10 (10), 103.10 (12) (b), 103.10 (12) (c), 111.322 (2m) (a), 111.322 (2m) (b), 119.04 (1), 146.618, 146.64 (2) (c) 1. and 165.68 (1) (a) 3.; to create 20.255 (2) (ch), 20.255 (3) (ci), 20.255 (3) (cL), 20.255 (3) (cs), 20.255 (3) (ct), 20.437 (2) (c), 20.437 (2) (d), 20.445 (1) (bw), 20.445 (1) (bx), 20.445 (6), 20.835 (2) (cd), 25.17 (1) (er), 25.52, 43.05 (12m), 46.48 (22), 49.132, 49.133, 71.07 (9g) (b) 2., 71.07 (9g) (c) 5., 103.10 (1) (ap), 103.10 (1) (dm), 103.10 (1) (dp), 103.10 (1) (em), 103.10 (1) (gm), 103.10 (3) (b) 4., 103.10 (3) (b) 5., 103.10 (3) (b) 6., 103.10 (3) (b) 7., 103.10 (4m), 103.10 (6) (c), 103.10 (7) (cm), 103.10 (7) (d), 103.10 (7) (e), 103.10 (7) (f), 103.10 (7) (g), 103.105, 106.29, 106.295, 115.41 (2), 115.421, 115.422, 115.424 and 230.12 (9m) of the statutes; and to affect 2023 Wisconsin Act 19, section 9104 (1) (i) 3. em. and 4m. a.; relating to: fall workforce package; modifying administrative rules; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; granting rule-making authority; and making an appropriation.

Analysis by the Legislative Reference Bureau

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1-ASA1,1 Section 1 . 18.08 (2) of the statutes is amended to read:

SB1-ASA1,2,19 18.08 (2) The capital improvement fund may be expended, pursuant to appropriations, only for the purposes and in the amounts for which the public debts have been contracted, for the payment of principal and interest on loans or on notes, for the payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) with respect to any such public debt, for the purposes identified under s. 20.867 (2) (v), (3) (x), and (4) (q), and for expenses incurred in contracting public debt.

SB1-ASA1,2 Section 2 . 18.08 (7) (a) of the statutes, as created by 2023 Wisconsin Act 19, is renumbered 18.08 (7) and amended to read:

SB1-ASA1,3,8 18.08 (7) Notwithstanding sub. (3), moneys transferred under 2023 Wisconsin Act 19, section 9251 (1), cannot be commingled with other moneys in the capital improvement fund and all earnings on or income from investments of the moneys transferred under 2023 Wisconsin Act 19, section 9251 (1), and all excess moneys so transferred that are not used to fund building projects authorized in the 2023-25 Authorized State Building Program or are not used to offset cost adjustments with respect to any building project authorized in the 2023-25 Authorized State Building Program, shall be deposited into or transferred to the general fund.

SB1-ASA1,3 Section 3 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB1-ASA1,4 Section 4 . 20.255 (1) (hg) of the statutes is amended to read:

SB1-ASA1,5,3 20.255 (1) (hg) Personnel licensure, teacher supply, information and analysis and teacher improvement. The amounts in the schedule to fund licensure administrative costs under s. 115.28 (7) (d) and 118.19 (10), teacher supply, information and analysis costs under s. 115.29 (5), and teacher improvement under s. 115.41 (1). Ninety percent of all moneys received from the licensure of school and public library personnel under s. 115.28 (7) (d), and all moneys received under s. 115.41 (1), shall be credited to this appropriation.

SB1-ASA1,5 Section 5 . 20.255 (2) (ch) of the statutes is created to read:

SB1-ASA1,5,7 20.255 (2) (ch) Grow your own programs; teacher pipeline capacity building. The amounts in the schedule for grants under s. 115.422 to school districts and operators of a charter school under s. 118.40 (2r) or (2x).

SB1-ASA1,6 Section 6 . 20.255 (3) (ci) of the statutes is created to read:

SB1-ASA1,5,10 20.255 (3) (ci) Teacher improvement program stipends. The amounts in the schedule for payments to individuals under s. 115.41 (2).

SB1-ASA1,7 Section 7 . 20.255 (3) (cL) of the statutes is created to read:

SB1-ASA1,5,13 20.255 (3) (cL) Library intern stipend payments. The amounts in the schedule for library intern stipend payments under s. 43.05 (12m).

SB1-ASA1,8 Section 8 . 20.255 (3) (cs) of the statutes is created to read:

SB1-ASA1,5,16 20.255 (3) (cs) Student teacher stipends. The amounts in the schedule for payments to student teachers under s. 115.421.

SB1-ASA1,9 Section 9 . 20.255 (3) (ct) of the statutes is created to read:

SB1-ASA1,5,19 20.255 (3) (ct) Cooperating teacher stipends. The amounts in the schedule for payments to teachers under s. 115.424.

SB1-ASA1,10 Section 10 . 20.435 (4) (bm) of the statutes is amended to read:

SB1-ASA1,6,14 20.435 (4) (bm) Medical Assistance, food stamps, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide a portion of the state share of administrative contract costs for the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and to provide the state share of administrative costs for the food stamp program under s. 49.79, other than payments under s. 49.78 (8), to develop and implement a registry of recipient immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs associated with outreach activities, for state administration of state supplemental grants to supplemental security income recipients under s. 49.77, for state administration and evaluation of the health care provider innovation grants program under s. 46.48 (22), and for services of resource centers under s. 46.283. No state positions may be funded in the department of health services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the Medical Assistance program between the subunit of the department primarily responsible for administering the Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10 percent of the amounts budgeted under pars. (p) and (x).

SB1-ASA1,11 Section 11 . 20.437 (2) (c) of the statutes is created to read:

SB1-ASA1,6,17 20.437 (2) (c) Child care quality improvement program. The amounts in the schedule for the program under s. 49.133.

SB1-ASA1,12 Section 12 . 20.437 (2) (d) of the statutes is created to read:

SB1-ASA1,6,20 20.437 (2) (d) Child care partnership grant program. The amounts in the schedule for the grants under s. 49.132.

SB1-ASA1,13 Section 13 . 20.445 (1) (bw) of the statutes is created to read:

SB1-ASA1,6,24 20.445 (1) (bw) Health care workforce innovation grants. As a continuing appropriation, the amounts in the schedule for health care workforce innovation grants under s. 106.29.

SB1-ASA1,14 Section 14 . 20.445 (1) (bx) of the statutes is created to read:

SB1-ASA1,7,2 20.445 (1) (bx) Health care workforce opportunity grants. As a continuing appropriation, the amounts in the schedule for grants under s. 106.295.

SB1-ASA1,15 Section 15 . 20.445 (6) of the statutes is created to read:

SB1-ASA1,7,8 20.445 (6) Family and medical leave benefits insurance program. (q) Payment of benefits; family and medical leave benefits insurance trust fund. From the family and medical leave benefits insurance trust fund, a sum sufficient to pay for the payment of benefits under s. 103.105 (3) and to refund moneys erroneously paid into the fund.

SB1-ASA1,7,12 (r) Administrative expenses; family and medical leave benefits insurance trust fund. Biennially, from the family and medical leave benefits insurance trust fund, the amounts in the schedule for the administrative expenses of the family and medical leave benefits insurance program.

SB1-ASA1,16 Section 16 . 20.835 (2) (cd) of the statutes is created to read:

SB1-ASA1,7,15 20.835 (2) (cd) Tax rebate for 2023. A sum sufficient to make the payments approved under 2023 Wisconsin Act .... (this act), section 97 (11 ).

SB1-ASA1,17 Section 17 . 20.867 (3) (x) of the statutes, as created by 2023 Wisconsin Act 19, is amended to read:

SB1-ASA1,8,3 20.867 (3) (x) Segregated revenue supported building program projects; inflationary project cost overruns. From the capital improvement fund, as a continuing appropriation, all moneys transferred under 2023 Wisconsin Act 19, section 9251 (1), and 2023 Wisconsin Act .... (this act), section 98 (11), to fund the projects enumerated under 2023 Wisconsin Act 19, section 9104 (1), including the project created by 2023 Wisconsin Act .... (this act), section 96, in the amounts designated as “segregated revenue” in that section for those projects; to fund the other expenditures and allocations designated as “segregated revenue” under 2023 Wisconsin Act 19, section 9104 (4) to (13); and to offset building program project budget cost overruns caused by inflation under s. 13.48 (2) (L) in a total amount up to $20,000,000.

SB1-ASA1,18 Section 18 . 25.17 (1) (er) of the statutes is created to read:

SB1-ASA1,8,5 25.17 (1) (er) Family and medical leave benefits insurance trust fund (s. 25.52);

SB1-ASA1,19 Section 19 . 25.52 of the statutes is created to read:

SB1-ASA1,8,10 25.52 Family and medical leave benefits insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave benefits insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105 (8).

SB1-ASA1,20 Section 20 . 40.22 (1) of the statutes is amended to read:

SB1-ASA1,8,16 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) (1), each employee currently in the service of, and receiving earnings from, a state agency or other participating employer shall be included within the provisions of the Wisconsin retirement system as a participating employee of that state agency or participating employer.

SB1-ASA1,21 Section 21 . 40.22 (2) (L) of the statutes is amended to read:

SB1-ASA1,8,20 40.22 (2) (L) The employee is employed by a participating employer after the person becomes an annuitant, unless the service is after the annuity is suspended by the election of the employee under s. 40.26.

SB1-ASA1,22 Section 22 . 40.22 (2m) (intro.) of the statutes is amended to read:

SB1-ASA1,9,3 40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee who was a participating employee before July 1, 2011, who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB1-ASA1,23 Section 23 . 40.22 (2r) (intro.) of the statutes is amended to read:

SB1-ASA1,9,11 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB1-ASA1,24 Section 24 . 40.22 (3) (intro.) of the statutes is amended to read:

SB1-ASA1,9,15 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) (1), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

SB1-ASA1,25 Section 25 . 40.26 (1) of the statutes is amended to read:

SB1-ASA1,9,25 40.26 (1) Except as provided in sub. (1m) and ss. 40.05 (2) (g) 2. and 40.23 (1) (am), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, receives earnings that are subject to s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified in s. 40.22 (2) (L), the annuity shall be suspended, including any amount provided by additional contributions, and no annuity payment shall be payable after the month in which the participant files with the department a written election to be included within the provisions of the Wisconsin retirement system as a participating employee.

SB1-ASA1,26 Section 26. 40.26 (1m) of the statutes is repealed.

SB1-ASA1,27 Section 27 . 40.26 (2) (intro.) of the statutes is amended to read:

SB1-ASA1,10,5 40.26 (2) (intro.) Upon suspension of an annuity under sub. (1) or (1m), the retirement account of the participant whose annuity is so suspended shall be established on the following basis:

SB1-ASA1,28 Section 28 . 40.26 (5) (intro.) of the statutes is amended to read:

SB1-ASA1,10,11 40.26 (5) (intro.) Except as otherwise provided in sub. (5m), if If a participant applies for an annuity or lump sum payment during the period in which less than 75 30 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer, all of the following shall apply:

SB1-ASA1,29 Section 29 . 40.26 (5m) of the statutes is repealed.

SB1-ASA1,30 Section 30 . 40.26 (6) of the statutes is repealed.

SB1-ASA1,31 Section 31 . 43.05 (12m) of the statutes is created to read:

SB1-ASA1,10,19 43.05 (12m) From the appropriation under s. 20.255 (3) (cL), beginning in the 2024-25 school year, provide payments, in the amount of $2,500 per student per semester, to students who are pursuing a degree in library science and are placed as an intern in a public library or school library. The division may promulgate rules to implement this subsection.

SB1-ASA1,32 Section 32 . 46.48 (22) of the statutes is created to read:

SB1-ASA1,10,25 46.48 (22) Health care provider innovation grants. From the appropriation under s. 20.435 (7) (bc), the department may, beginning in fiscal year 2024-25, distribute not more than $14,500,000 in each fiscal year as grants to health care providers and long-term care providers to implement best practices and innovative solutions to increase worker recruitment and retention.

SB1-ASA1,33 Section 33. 49.132 of the statutes is created to read:

SB1-ASA1,11,4 49.132 Child care partnership grant program. (1) In this section, “business" means any organization or enterprise operated for profit or a nonprofit corporation. “Business” does not include a governmental entity.

SB1-ASA1,11,9 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

SB1-ASA1,11,11 (3) A business awarded a grant under this section shall provide matching funds equal to 25 percent or more of the amount awarded.

SB1-ASA1,11,13 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

SB1-ASA1,34 Section 34 . 49.133 of the statutes is created to read:

SB1-ASA1,11,20 49.133 Child care quality improvement program. (1) The department may establish a program under which it may, from the appropriation under s. 20.437 (2) (c) and the allocation under s. 49.175 (1) (qm), make monthly payments and monthly per-child payments to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, and child care programs established or contracted for by a school board under s. 120.13 (14).

SB1-ASA1,11,23 (2) The department may promulgate rules to implement the program under this section, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

SB1-ASA1,35 Section 35 . 49.155 (6) (e) 2. of the statutes is repealed.

SB1-ASA1,36 Section 36 . 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

SB1-ASA1,12,3 49.155 (6) (e) 3. (intro.) The department may modify a child care provider's maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

SB1-ASA1,37 Section 37 . 49.175 (1) (q) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

SB1-ASA1,12,10 49.175 (1) (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $42,117,800 in fiscal year 2021-22 and $41,803,100 in fiscal year 2022-23. In fiscal year 2023-24, for such programs and activities, $45,796,000 $46,108,000. In fiscal year 2024-25, for such programs and activities, $45,570,300 $46,194,300.

SB1-ASA1,38 Section 38 . 49.175 (1) (qm) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

SB1-ASA1,12,16 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,683,700 in fiscal year 2022-23. In fiscal year 2023-24, for such activities, $28,518,700 $47,518,700. In fiscal year 2024-25, for such activities, $46,018,700 $65,018,700.

SB1-ASA1,39 Section 39 . 71.07 (9g) (b) of the statutes is renumbered 71.07 (9g) (b) 1. and amended to read:

SB1-ASA1,12,24 71.07 (9g) (b) 1. For taxable years beginning after December 31, 2021, and before January 1, 2023, and subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to 50 percent of the federal child and dependent care tax credit claimed by the claimant on his or her federal income tax return for the taxable year to which the claim under this subsection relates.

SB1-ASA1,40 Section 40 . 71.07 (9g) (b) 2. of the statutes is created to read:

SB1-ASA1,13,7 71.07 (9g) (b) 2. For taxable years beginning after December 31, 2022, and subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to the amount of the federal child and dependent care tax credit that the claimant may claim on his or her federal income tax return for the taxable year to which the claim under this subsection relates using the expense limitation under par. (c) 5. rather than the expense limitation under 26 USC 21 (c).