Amendment AA1-AB386

AB386-AA1,7,9 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).

AB386-AA1,19 Section 19. 40.22 (1) of the statutes is amended to read:

AB386-AA1,7,15 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.

AB386-AA1,20 Section 20. 40.22 (2) (L) of the statutes is amended to read:

AB386-AA1,7,19 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.

AB386-AA1,21 Section 21. 40.22 (2m) (intro.) of the statutes is amended to read:

AB386-AA1,8,2 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:

AB386-AA1,22 Section 22. 40.22 (2r) (intro.) of the statutes is amended to read:

AB386-AA1,8,10 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:

AB386-AA1,23 Section 23. 40.22 (3) (intro.) of the statutes is amended to read:

AB386-AA1,8,14 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:

AB386-AA1,24 Section 24. 40.26 (1) of the statutes is amended to read:

AB386-AA1,8,24 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.

AB386-AA1,25 Section 25. 40.26 (1m) of the statutes is repealed.

AB386-AA1,26 Section 26. 40.26 (2) (intro.) of the statutes is amended to read:

AB386-AA1,9,4 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:

AB386-AA1,27 Section 27. 40.26 (5) (intro.) of the statutes is amended to read:

AB386-AA1,9,10 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:

AB386-AA1,28 Section 28. 40.26 (5m) of the statutes is repealed.

AB386-AA1,29 Section 29. 40.26 (6) of the statutes is repealed.

AB386-AA1,30 Section 30. 43.05 (12m) of the statutes is created to read:

AB386-AA1,9,18 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.

AB386-AA1,31 Section 31. 46.48 (22) of the statutes is created to read:

AB386-AA1,9,24 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.

AB386-AA1,32 Section 32. 49.132 of the statutes is created to read:

AB386-AA1,10,3 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.

AB386-AA1,10,8 (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.

AB386-AA1,10,10 (3) A business awarded a grant under this section shall provide matching funds equal to 25 percent or more of the amount awarded.

AB386-AA1,10,12 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

AB386-AA1,33 Section 33. 49.133 of the statutes is created to read:

AB386-AA1,10,19 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).

AB386-AA1,10,22 (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.

AB386-AA1,34 Section 34. 49.155 (6) (e) 2. of the statutes is repealed.

AB386-AA1,35 Section 35. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB386-AA1,11,3 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:

AB386-AA1,36 Section 36. 49.175 (1) (q) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

AB386-AA1,11,10 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.

AB386-AA1,37 Section 37. 49.175 (1) (qm) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

AB386-AA1,11,16 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.”.

AB386-AA1,11,17 3. Page 5, line 3: delete lines 3 to 17.

AB386-AA1,11,18 4. Page 6, line 2: after that line insert:

AB386-AA1,11,20 “ Section 38. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB386-AA1,11,22 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

AB386-AA1,39 Section 39. 103.10 (1) (a) 1. of the statutes is repealed.

AB386-AA1,40 Section 40. 103.10 (1) (a) 2. of the statutes is repealed.

AB386-AA1,41 Section 41. 103.10 (1) (ap) of the statutes is created to read:

AB386-AA1,12,2 103.10 (1) (ap) “Covered active duty” means any of the following:

AB386-AA1,12,4 1. For a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB386-AA1,12,8 2. For a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB386-AA1,42 Section 42. 103.10 (1) (b) of the statutes is amended to read:

AB386-AA1,12,13 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB386-AA1,43 Section 43. 103.10 (1) (dm) of the statutes is created to read:

AB386-AA1,12,15 103.10 (1) (dm) “Grandchild” means the child of a child.

AB386-AA1,44 Section 44. 103.10 (1) (dp) of the statutes is created to read:

AB386-AA1,12,17 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB386-AA1,45 Section 45. 103.10 (1) (em) of the statutes is created to read:

AB386-AA1,12,19 103.10 (1) (em) “Medical isolation” means any of the following:

AB386-AA1,12,23 1. 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.

AB386-AA1,12,25 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB386-AA1,13,3 3. 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.

AB386-AA1,46 Section 46. 103.10 (1) (gm) of the statutes is created to read:

AB386-AA1,13,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB386-AA1,47 Section 47. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB386-AA1,48 Section 48. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB386-AA1,49 Section 49. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB386-AA1,50 Section 50. 103.10 (2) (c) of the statutes is amended to read:

AB386-AA1,13,13 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

AB386-AA1,51 Section 51. 103.10 (3) (a) of the statutes is repealed.

AB386-AA1,52 Section 52. 103.10 (3) (b) 3. of the statutes is amended to read:

AB386-AA1,13,18 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

AB386-AA1,53 Section 53. 103.10 (3) (b) 4. of the statutes is created to read:

AB386-AA1,13,23 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

AB386-AA1,54 Section 54. 103.10 (3) (b) 5. of the statutes is created to read:

AB386-AA1,14,4 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap in child care for the employee's child, grandchild, or sibling that the employee must fill. The department may define by rule “unforeseen or unexpected short-term gap in child care.”

AB386-AA1,55 Section 55. 103.10 (3) (b) 6. of the statutes is created to read:

AB386-AA1,14,8 103.10 (3) (b) 6. To care for the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, parent, grandparent, grandchild, or sibling is in medical isolation.

AB386-AA1,56 Section 56. 103.10 (3) (b) 7. of the statutes is created to read:

AB386-AA1,14,12 103.10 (3) (b) 7. To address issues of the employee or the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling related to being the victim of domestic abuse, sexual abuse, or stalking.

AB386-AA1,57 Section 57. 103.10 (4) (a) of the statutes is amended to read:

AB386-AA1,14,17 103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who is in medical isolation or has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

AB386-AA1,58 Section 58. 103.10 (4) (b) of the statutes is repealed.

AB386-AA1,59 Section 59. 103.10 (4m) of the statutes is created to read:

AB386-AA1,14,22 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 12 weeks of family leave for any combination of reasons specified under sub. (3) or (4).

AB386-AA1,60 Section 60. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB386-AA1,15,3 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

AB386-AA1,61 Section 61. 103.10 (6) (b) 1. of the statutes is amended to read:

AB386-AA1,15,8 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee.

AB386-AA1,62 Section 62. 103.10 (6) (c) of the statutes is created to read:

AB386-AA1,15,14 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.