Amendment AA1-AB386

AB386-AA1,33,14 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB386-AA1,90 Section 90. 230.12 (9m) of the statutes is created to read:

AB386-AA1,33,16 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

AB386-AA1,33,18 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 7.

AB386-AA1,33,23 2. “Medical leave” means leave from employment when an employee 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, or because the employee is in medical isolation, as defined in s. 103.10 (1) (em).

AB386-AA1,33,24 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

AB386-AA1,34,8 (b) Program. The administrator shall develop and recommend to the joint committee on employment relations a program, administered by the division, that provides paid family and medical leave for 12 weeks per year to employees whose compensation is established under this section or s. 20.923 (2) or (3) but does not include employees of the Board of Regents of the University of Wisconsin System. The approval process for the program is the same as that provided under sub. (3) (b), and, if approved, the program shall be incorporated into the compensation plan under sub. (1).

AB386-AA1,34,10 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

AB386-AA1,91 Section 91. 323.19 (3) and (4) of the statutes are repealed.

AB386-AA1,92 Section 92 . 2023 Wisconsin Act 19, section 9104 (1) (i) 3. em. and 4m. a. are created to read:

AB386-AA1,34,14 [2023 Wisconsin Act 19] Section 9104 (1) - See PDF for table

AB386-AA1,93 Section 93 . Nonstatutory provisions.

AB386-AA1,35,3 (1) In the 2023-25 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Section 92 of this act.

AB386-AA1,35,9 (2) Positions for administration of family and medical leave benefits insurance program. The authorized FTE positions for the department of workforce development are increased by 45.0 SEG positions in fiscal year 2023-24 and by 198.0 SEG positions in fiscal year 2024-25, to be funded from the appropriation under s. 20.445 (6) (r), for the purpose of administering the family and medical leave benefits insurance program.

AB386-AA1,35,14 (3) Proposed permanent rules. The department of workforce development shall submit in proposed form the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the legislative council staff under s. 227.15 (1) no later than the first day of the 4th month beginning after the effective date of this subsection.

AB386-AA1,35,15 (4) Rule-making exceptions for permanent rules.

AB386-AA1,36,2 (a) Notwithstanding s. 227.135 (2), the department of workforce development is not required to present the statement of the scope of the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the department of administration for review by the department of administration and approval by the governor.

AB386-AA1,36,5 (b) Notwithstanding s. 227.185, the department of workforce development is not required to present the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) in final draft form to the governor for approval.

AB386-AA1,36,8 (c) Notwithstanding s. 227.137 (2), the department of workforce development is not required to prepare an economic impact analysis for the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c).

AB386-AA1,36,13 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of workforce development is not required to submit the proposed rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB386-AA1,36,25 (5) Emergency rules. Using the procedure under s. 227.24, the department of workforce development shall promulgate the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) for the period before the effective date of the permanent rules promulgated under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). 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 public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

AB386-AA1,37,4 (6) 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 immediately upon approval by the joint committee on employment relations.

AB386-AA1,37,5 (7) Child care quality improvement program.

AB386-AA1,37,12 (a) Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. 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.

AB386-AA1,37,16 (b) The authorized FTE positions for the department of children and families are increased by 4.0 GPR positions, to be funded from the appropriation under s. 20.437 (2) (c), for the purpose of administering the child care quality improvement program under s. 49.133.

AB386-AA1,37,23 (8) Election to continue annuity suspension. No later than 60 days after the effective date of this subsection, if an individual who is employed by a covered employer under the Wisconsin Retirement System has his or her annuity suspended under s. 40.26 (1m), 2021 stats., on the effective date of this subsection and wants to continue the suspension, the individual shall notify the department of employee trust funds on a form provided by the department. An election to continue the suspension is irrevocable.

AB386-AA1,38,2 (9) Health care provider innovation grants. Notwithstanding s. 46.48 (22), the department of health services may, from the appropriation under s. 20.435 (7) (bc), distribute not more than $7,225,000 in fiscal year 2023-24 as grants to health care providers and long-term care providers under s. 46.48 (22).

AB386-AA1,38,3 (10) Paid family and medical leave.

AB386-AA1,38,4 (a) Definitions. In this subsection:

AB386-AA1,38,6 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 7.

AB386-AA1,38,10 2. “Medical leave” means leave from employment when an employee 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 or who is in medical isolation, as defined in s. 103.10 (1) (em).

AB386-AA1,38,11 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

AB386-AA1,38,17 (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 2023-25, a plan for a program to provide paid family and medical leave for 12 weeks annually to employees of the system.

AB386-AA1,94 Section 94 . Fiscal changes.

AB386-AA1,38,23 (1) Nurse aide training and recruitment grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (bm), the dollar amount for fiscal year 2024-25 is increased by $6,000,000 for a workforce development program to train and recruit individuals to work as nurse aides in nursing homes, commonly known as the WisCaregiver Careers program.

AB386-AA1,39,2 (2) Wisconsin grants to private, nonprofit college students. In the schedule under s. 20.005 (3) for the appropriation to the higher educational aids board under s. 20.235 (1) (b), the dollar amount for fiscal year 2023-24 is increased by $1,425,300 and the dollar amount for fiscal year 2024-25 is increased by $2,921,800.

AB386-AA1,39,7 (3) Wisconsin grants to University of Wisconsin System students. In the schedule under s. 20.005 (3) for the appropriation to the higher educational aids board under s. 20.235 (1) (fe), the dollar amount for fiscal year 2023-24 is increased by $3,094,800 and the dollar amount for fiscal year 2024-25 is increased by $6,344,300.

AB386-AA1,39,11 (4) Wisconsin grants to technical college students. In the schedule under s. 20.005 (3) for the appropriation to the higher educational aids board under s. 20.235 (1) (ff), the dollar amount for fiscal year 2023-24 is increased by $1,148,600 and the dollar amount for fiscal year 2024-25 is increased by $2,354,700.

AB386-AA1,39,15 (5) Wisconsin grants to tribal college students. In the schedule under s. 20.005 (3) for the appropriation to the higher educational aids board under s. 20.235 (1) (km), the dollar amount for fiscal year 2023-24 is increased by $24,100 and the dollar amount for fiscal year 2024-25 is increased by $49,400.

AB386-AA1,39,20 (6) University of Wisconsin System; general program operations. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $22,100,000 and the dollar amount for fiscal year 2024-25 is increased by $44,300,000.

AB386-AA1,39,25 (7) State aid to technical colleges. In the schedule under s. 20.005 (3) for the appropriation to the technical college system board under s. 20.292 (1) (d), the dollar amount for fiscal year 2023-24 is increased by $20,500,000 and the dollar amount for fiscal year 2024-25 is increased by $20,500,000 to increase funding for state aid for technical colleges.

AB386-AA1,40,4 (8) Nurse educators. In the schedule under s. 20.005 (3) for the appropriation to the higher educational aids board under s. 20.235 (1) (co), the dollar amount for fiscal year 2023-24 is increased by $5,000,000 and the dollar amount for fiscal year 2024-25 is increased by $5,000,000 for the nurse educator program.

AB386-AA1,40,13 (9) Health care apprenticeships. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $801,400 to increase the authorized FTE positions for the department by 1.0 GPR position to conduct outreach to stakeholders and partners to develop new apprenticeship pathways related to health care. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2024-25 is increased by $135,200 to provide funding for the position authorized under this subsection.

AB386-AA1,40,17 (10) Treatment program grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (bg), the dollar amount for fiscal year 2024-25 is increased by $1,576,600 for grants to support treatment programs under s. 146.618.

AB386-AA1,40,20 (11) Transfer to the capital improvement fund. There is transferred from the general fund to the capital improvement fund $197,336,000 during the 2023-25 fiscal biennium to fund the project enumerated under Section 92 of this act.

AB386-AA1,40,24 (12) Transfers to family and medical leave benefits insurance trust fund. There is transferred from the general fund to the family and medical leave benefits insurance trust fund created under s. 25.52 $243,413,400 in the 2023-25 fiscal biennium.

AB386-AA1,41,7 (13) Federal block grant operations. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (mc), the dollar amount for fiscal year 2023-24 is increased by $312,000 for the purpose of child care state administration and licensing activities. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (mc), the dollar amount for fiscal year 2024-25 is increased by $624,000 for the purpose of child care state administration and licensing activities.

AB386-AA1,41,14 (14) Federal block grant aids. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2023-24 is increased by $19,000,000 for the child care quality improvement program under s. 49.133. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2024-25 is increased by $19,000,000 for the child care quality improvement program under s. 49.133.

AB386-AA1,41,19 (15) Graduate medical education grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (bf), the dollar amount for fiscal year 2023-24 is increased by $627,800 and the dollar amount for fiscal year 2024-25 is increased by $639,900 for graduate medical training support grants.

AB386-AA1,41,24 (16) Health care provider innovation grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (7) (bc), the dollar amount for fiscal year 2023-24 is increased by $7,225,000 and the dollar amount for fiscal year 2024-25 is increased by $14,500,000 for health care provider innovation grants under Section 93 (9) and s. 46.48 (22).

AB386-AA1,42,6 (17) Health care provider innovation grant program administration. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (bm), the dollar amount for fiscal year 2023-24 is increased by $225,000 and the dollar amount for fiscal year 2024-25 is increased by $500,000 for state administration and evaluation of the health care provider innovation grant program.

AB386-AA1,42,11 (18) Child care offset. In the schedule under s. 20.005 (3) for the appropriation to the joint committee on finance under s. 20.865 (4) (a), the dollar amount for fiscal year 2023-24 is decreased by $15,000,000, which had been reserved for child care under s. 20.192 (1) (bn) for the purpose of offsetting the amounts in the schedule under s. s. 20.437 (2) (d).

AB386-AA1,42,15 (19) State employee paid family and medical leave. The amounts of the estimated expenditures in the compensation reserves general purpose revenue shown in the schedule under s. 20.005 (1) are increased by $8,352,800 in fiscal year 2023-24 and by $17,373,900 in fiscal year 2024-25.

AB386-AA1,95 Section 95. Initial applicability.

AB386-AA1,42,19 (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.

AB386-AA1,42,20 (2) Paid family and medical leave insurance benefits.

AB386-AA1,42,23 (a) Family and medical leave benefits insurance trust fund contributions. Except as provided in par. (c), the treatment of s. 103.105 (8) first applies to wages earned on January 1, 2025.

AB386-AA1,43,2 (b) Family or medical leave insurance benefits eligibility. Except as provided in par. (c), the treatment of s. 103.105 (3) first applies to a period of family leave, as defined in s. 103.105 (1) (f), or a period of medical leave, as defined in s. 103.105 (1) (h), commencing on January 1, 2025.

AB386-AA1,43,8 (c) Collective bargaining agreements. The treatment of ss. 20.445 (6), 25.17 (1) (er), 25.52, 103.105, and 111.322 (2m) (a) and (b) first applies to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with the treatment of ss. 20.445 (6), 25.17 (1) (er), 25.52, 103.105, and 111.322 (2m) (a) and (b) on the day on which the collective bargaining agreement expires or is extended, modified, or renewed.”.

AB386-AA1,43,9 (End)