Amendment SA1-SSA2-SB45

SB45-SSA2-SA1,257 Section 257. 938.363 (2) of the statutes is amended to read:

SB45-SSA2-SA1,86,6 938.363 (2) Revision of support. If the court revises the amount of child support to be paid by a parent under the a dispositional order entered before July 1, 2026, for the care and maintenance of the parent’s juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent under s. 301.12 (14).

SB45-SSA2-SA1,258 Section 258. 938.38 (2) (f) of the statutes is amended to read:

SB45-SSA2-SA1,86,10 938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1) (1r).

SB45-SSA2-SA1,259 Section 259. 938.38 (4) (j) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,86,14 938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

SB45-SSA2-SA1,260 Section 260. 938.38 (4) (j) 3. of the statutes is amended to read:

SB45-SSA2-SA1,86,20 938.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

SB45-SSA2-SA1,261 Section 261. 938.38 (4) (j) 4. of the statutes is amended to read:

SB45-SSA2-SA1,86,24 938.38 (4) (j) 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

SB45-SSA2-SA1,262 Section 262. 938.38 (4) (j) 5. of the statutes is amended to read:

SB45-SSA2-SA1,87,6 938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

SB45-SSA2-SA1,263 Section 263. DCF 55.02 (5g) (b) 2. of the administrative code is repealed.

SB45-SSA2-SA1,264 Section 264. DCF 56.23 (1) (c) of the administrative code is repealed.

SB45-SSA2-SA1,265 Section 265. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

SB45-SSA2-SA1,87,15 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or a minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

SB45-SSA2-SA1,87,20 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

SB45-SSA2-SA1,87,21 “Section 266. 103.08 of the statutes is created to read:

SB45-SSA2-SA1,87,22 103.08 Paid family and medical leave. (1) Definitions. In this section:

SB45-SSA2-SA1,88,2 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

SB45-SSA2-SA1,88,10 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

SB45-SSA2-SA1,88,14 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

SB45-SSA2-SA1,88,18 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

SB45-SSA2-SA1,88,20 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

SB45-SSA2-SA1,88,22 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

SB45-SSA2-SA1,88,23 (h) “Leave benefits” means benefits provided under sub. (2).

SB45-SSA2-SA1,89,2 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

SB45-SSA2-SA1,89,7 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

SB45-SSA2-SA1,89,9 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

SB45-SSA2-SA1,89,13 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

SB45-SSA2-SA1,89,16 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

SB45-SSA2-SA1,89,18 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

SB45-SSA2-SA1,89,21 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

SB45-SSA2-SA1,89,23 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

SB45-SSA2-SA1,90,2 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following:

SB45-SSA2-SA1,90,8 (a) At the time an individual files a claim for leave benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual’s benefit payments and may change that election not more than one time in an application year.

SB45-SSA2-SA1,90,14 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual’s benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual’s election as provided under 26 USC 3402. If the employer has contracted with an insurer, the employer shall direct the insurer to follow the provisions of this paragraph.

SB45-SSA2-SA1,91,2 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. The department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.

SB45-SSA2-SA1,91,4 (7) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

SB45-SSA2-SA1,91,9 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

SB45-SSA2-SA1,91,13 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee’s rights under this section. Any agreement purporting to waive or modify an employee’s rights under this section is void as against public policy and unenforceable.

SB45-SSA2-SA1,91,18 (8) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

SB45-SSA2-SA1,91,19 (9) Rules. The department shall promulgate rules to implement this section.

SB45-SSA2-SA1,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA1,91,23 (1) Paid family and medical leave. If the paid family and medical leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect on January 1, 2027.

SB45-SSA2-SA1,9106 Section 9106. Nonstatutory provisions; Children and Families.

SB45-SSA2-SA1,92,11 (1) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules required under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2027, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB45-SSA2-SA1,92,20 (2) Child care partnership grant program; emergency rule making. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 49.132. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2027, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB45-SSA2-SA1,93,5 (3) Benefits eligibility screening; emergency rule-making authority. The department of children and families may use the procedure under s. 227.24 to promulgate rules under s. 48.49 for the period before the effective date of any permanent rules promulgated under s. 48.49, notwithstanding s. 227.24 (1) (c). Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB45-SSA2-SA1,93,11 (4) Foster care aid-related child support arrears. Any balance of court- ordered child support obligations assigned to this state under s. 48.645 (3), 2023 stats., is set to $0 and is unenforceable and uncollectable. Any warrant or lien issued prior to July 1, 2026, is vacated if it is based on the alleged failure to pay such a balance or the failure to appear to a court hearing set for the purpose of enforcing the obligation assigned to the state.

SB45-SSA2-SA1,93,22 (5) Grants for out-of-school time programs; emergency rule-making authority. The department of children and families may use the procedure under s. 227.24 to promulgate emergency rules under s. 48.483 for the period before the date on which permanent rules under s. 48.483 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2027, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB45-SSA2-SA1,94,7 (6) Child support debt reduction; emergency rule making. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 49.226. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2027, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB45-SSA2-SA1,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

SB45-SSA2-SA1,94,10 (1) Paid family and medical leave.

SB45-SSA2-SA1,94,11 (a) Definitions. In this subsection:

SB45-SSA2-SA1,94,13 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b).

SB45-SSA2-SA1,94,14 2. “Medical isolation” means any of the following:

SB45-SSA2-SA1,94,18 a. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

SB45-SSA2-SA1,94,20 b. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

SB45-SSA2-SA1,94,23 c. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

SB45-SSA2-SA1,95,3 3. “Medical leave” means leave from employment when an employee is in medical isolation or has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

SB45-SSA2-SA1,95,4 4. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB45-SSA2-SA1,95,12 (b) Program plan. The Board of Regents of the University of Wisconsin System shall submit to the administrator of the division of personnel management in the department of administration, with its recommendations for adjustments to compensation and employee benefits for employees of the system under s. 230.12 (3) (e) 1. for 2025-27, a plan for a program to provide paid family and medical leave for 8 weeks annually to employees of the system. If the the joint committee on employment relations approves the program for paid family and medical leave, it shall go into effect on January 1, 2027.

SB45-SSA2-SA1,9250 Section 9250. Fiscal changes; Workforce Development.

SB45-SSA2-SA1,95,22 (1) Family and medical leave expansion position funding. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (o), the dollar amount for fiscal year 2025-26 is increased by $103,600 to increase the authorized FTE positions for the department of workforce development by 1.0 FED project position to perform outreach and technical assistance to support the expanded family and medical leave provisions.. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (o), the dollar amount for fiscal year 2026-27 is increased by $103,600 for the position authorized under this subsection.

SB45-SSA2-SA1,96,3 (2) Family and medical leave expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (n), the dollar amount for fiscal year 2025-26 is decreased by $103,600 and the dollar amount for fiscal year 2026-27 is decreased by $103,600 to reflect the position authorized under sub. (1) and the corresponding appropriation.

SB45-SSA2-SA1,9350 Section 9350. Initial applicability; Workforce Development.

SB45-SSA2-SA1,96,7 (1) Family and medical leave. The treatment of s. 103.10 (12) (b) first applies to a violation that occurs, or that an employee should reasonably have known occurred, on the effective date of this subsection.

SB45-SSA2-SA1,96,10 (2) Leave benefits eligibility. The treatment of s. 103.108 (2) first applies to a period of family leave, as defined in s. 103.108 (1) (f), or a period of medical leave, as defined in s. 103.105 (1) (i), commencing on January 1, 2027.”.

SB45-SSA2-SA1,9406 Section 9406. Effective dates; Children and Families.

SB45-SSA2-SA1,96,14 (1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am) (intro.) and (3n) (am) (intro.) and 48.62 (4) (a) takes effect on January 1, 2026, or on the day after publication, whichever is later.

SB45-SSA2-SA1,96,17 (2) Expanding eligibility for subsidized guardianships and kinship care payments. Notwithstanding s. 227.265, the repeal of s. DCF 55.02 (5g) (b) 2., Wis. Adm. Code, takes effect on the day after publication.

SB45-SSA2-SA1,96,19 (3) Benefits eligibility screening. The treatment of s. 48.49 takes effect on July 1, 2027.

SB45-SSA2-SA1,97,3 (4) Child support assignment and referrals. The treatment of ss. 20.437 (2) (r), 46.10 (1) and (14) (e) 1., 48.33 (4) (b) and (4m), 48.335 (3r), 48.355 (2) (b) 4., 48.357 (5m), 48.36 (4) (a), 48.363 (2), 48.645 (3), 49.345 (1) and (14) (e) 1., 301.12 (1) and (14) (e) 1., 767.001 (1) (m), 767.511 (1m) (hm), 767.521 (intro.), 767.55 (3) (a) 2., 767.57 (1m) (c), (2), and (4), 767.59 (1), (1c) (a) (intro.), and (2) (c), 767.77 (1), 767.78 (1), 767.87 (6) (a), 780.01 (5), 893.415 (2), 938.33 (3) (intro.), (a), and (b), (4) (b), and (4m), 938.335 (3r), 938.355 (2) (b) 4., 938.357 (5m) (a) and (b), 938.36 (4) (a), and 938.363 (2) and Section 9106 (4) of this act take effect on July 1, 2026.

SB45-SSA2-SA1,97,5 (5) Child support debt reduction. The treatment of s. 49.226 takes effect on the first day of the 7th month beginning after publication.”.

SB45-SSA2-SA1,97,6 (end)