Amendment AA1-SB70

SB70-AA1,57,4 40.65 (7) (ar) 1. a. To the surviving spouse or the surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

SB70-AA1,94 Section 94. 40.65 (7) (ar) 1. ag. of the statutes is repealed.

SB70-AA1,95 Section 95. 40.65 (7) (ar) 1. am. of the statutes is repealed.

SB70-AA1,96 Section 96. 40.80 (2r) (a) 1. of the statutes is amended to read:

SB70-AA1,57,9 40.80 (2r) (a) 1. Relates to a marriage or domestic partnership that terminated after December 1, 2001.

SB70-AA1,97 Section 97. 40.80 (2r) (a) 2. of the statutes is amended to read:

SB70-AA1,57,14 40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

SB70-AA1,9313 Section 9313. Initial applicability; Employee Trust Funds.

SB70-AA1,57,18 (1) Deferred compensation; domestic partners. The treatment of s. 40.02 (8) (b) 3. first applies to benefits paid to a surviving domestic partner of a participant who dies on the effective date of this subsection.

SB70-AA1,57,21 (2) Duty disability death benefits; domestic partners. The treatment of s. 40.65 (7) (am) 1. and (ar) 1. a. first applies to a surviving domestic partner of a participant who dies on the effective date of this subsection.”.

SB70-AA1,57,22 123. Page 374, line 11: after that line insert:

SB70-AA1,57,23 “ Section 98. 40.22 (1) of the statutes is amended to read:

SB70-AA1,58,5 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.

SB70-AA1,99 Section 99. 40.22 (2) (L) of the statutes is amended to read:

SB70-AA1,58,9 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.

SB70-AA1,100 Section 100. 40.22 (2m) (intro.) of the statutes is amended to read:

SB70-AA1,58,17 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:

SB70-AA1,101 Section 101. 40.22 (2r) (intro.) of the statutes is amended to read:

SB70-AA1,58,25 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:

SB70-AA1,102 Section 102. 40.22 (3) (intro.) of the statutes is amended to read:

SB70-AA1,59,4 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:

SB70-AA1,103 Section 103. 40.26 (1) of the statutes is amended to read:

SB70-AA1,59,14 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.

SB70-AA1,104 Section 104. 40.26 (1m) of the statutes is repealed.

SB70-AA1,105 Section 105. 40.26 (2) (intro.) of the statutes is amended to read:

SB70-AA1,59,19 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:

SB70-AA1,106 Section 106. 40.26 (5) (intro.) of the statutes is amended to read:

SB70-AA1,59,25 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:

SB70-AA1,107 Section 107. 40.26 (5m) of the statutes is repealed.

SB70-AA1,108 Section 108. 40.26 (6) of the statutes is repealed.

SB70-AA1,109 Section 109. 323.19 (3) and (4) of the statutes are repealed.

SB70-AA1,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

SB70-AA1,60,11 (1) 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.”.

SB70-AA1,60,12 124. Page 374, line 11: after that line insert:

SB70-AA1,60,13 “ Section 9113. Nonstatutory provisions; Employee Trust Funds.

SB70-AA1,60,17 (1) 2025-27 biennial budget request. In submitting information under s. 16.42 for purposes of the 2025-27 biennial budget bill, the department of employee trust funds shall include a request for funding for the modernization of the department's pension administration system.”.

SB70-AA1,60,18 125. Page 374, line 11: after that line insert:

SB70-AA1,60,19 “ Section 110. 230.12 (9m) of the statutes is created to read:

SB70-AA1,60,20 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

SB70-AA1,60,22 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

SB70-AA1,61,2 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.

SB70-AA1,61,3 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB70-AA1,61,11 (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).

SB70-AA1,61,13 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

SB70-AA1,9101 Section 9101. Nonstatutory provisions; Administration.

SB70-AA1,61,18 (1k) 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.

SB70-AA1,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

SB70-AA1,61,21 (1k) Paid family and medical leave.

SB70-AA1,61,22 (a) Definitions. In this subsection:

SB70-AA1,61,24 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

SB70-AA1,62,4 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.

SB70-AA1,62,5 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB70-AA1,62,11 (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.”.

SB70-AA1,62,12 126. Page 374, line 11: after that line insert:

SB70-AA1,62,14 “ Section 111. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA1,112 Section 112. 16.75 (1p) of the statutes is repealed.

SB70-AA1,113 Section 113. 16.765 (1) of the statutes is amended to read:

SB70-AA1,64,7 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin and, except with respect to sexual orientation, gender expression, and gender identity, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB70-AA1,114 Section 114. 16.765 (2) of the statutes is amended to read:

SB70-AA1,65,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, gender expression, and gender identity, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause". clause.”

SB70-AA1,115 Section 115. 16.855 (1p) of the statutes is repealed.

SB70-AA1,116 Section 116. 19.36 (12) of the statutes is created to read:

SB70-AA1,65,14 19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority may not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, “personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.

SB70-AA1,117 Section 117. 20.445 (1) (bj) of the statutes is created to read:

SB70-AA1,65,18 20.445 (1) (bj) Local workforce development boards; grants for youth services and training. As a continuing appropriation, the amounts in the schedule for grants to local workforce development boards under s. 106.112.

SB70-AA1,118 Section 118. 20.445 (1) (bm) of the statutes is amended to read:

SB70-AA1,66,2 20.445 (1) (bm) Workforce training; administration. Biennially, the amounts in the schedule for the administration of the local youth apprenticeship grant program under s. 106.13 (3m), the youth summer jobs program under s. 106.18, the employment transit assistance grant program under s. 106.26, the workforce training program programs under s. 106.27, the teacher development program grants under s. 106.272, the career and technical education incentive grant program under s. 106.273, the technical education equipment grant program under s. 106.275, and the apprentice programs under subch. I of ch. 106.

SB70-AA1,119 Section 119. 20.445 (1) (bp) of the statutes is created to read:

SB70-AA1,66,6 20.445 (1) (bp) Wisconsin green jobs training program; grants. As a continuing appropriation, the amounts in the schedule for green jobs training program grants under s. 106.27 (1p).

SB70-AA1,120 Section 120. 20.445 (1) (bq) of the statutes is created to read:

SB70-AA1,66,10 20.445 (1) (bq) Clean energy training and reemployment program. As a continuing appropriation, the amounts in the schedule for program administration and associated costs under s. 106.28.

SB70-AA1,121 Section 121. 20.445 (1) (bw) of the statutes is created to read:

SB70-AA1,66,13 20.445 (1) (bw) Workforce innovation grants. As a continuing appropriation, the amounts in the schedule for workforce innovation grants under s. 106.29.

SB70-AA1,122 Section 122. 20.445 (1) (cm) of the statutes is created to read:

SB70-AA1,66,16 20.445 (1) (cm) Worker advancement initiative. As a continuing appropriation, the amounts in the schedule for the worker advancement initiative under s. 106.145.

SB70-AA1,123 Section 123. 20.445 (1) (fd) of the statutes is created to read:

SB70-AA1,66,22 20.445 (1) (fd) Enforcement of laws related to migrant workers. The amounts in the schedule for enforcement activities related to wages, hours, and working conditions of migrant workers, the certification, maintenance, and inspection of migrant labor camps, and the recruitment and hiring of migrant workers under ss. 103.905 to 103.97.

SB70-AA1,124 Section 124. 20.445 (1) (ga) of the statutes is amended to read:

SB70-AA1,67,2 20.445 (1) (ga) Auxiliary services. All moneys received from fees collected under ss. 102.16 (2m) (d), 103.005 (15), 103.91 (3), 103.92 (1) (a), and 106.09 (7) for the delivery of services under ss. 102.16 (2m) (f), 103.005 (15), and 106.09 and ch. 108, and for administrative services under ss. 103.905 to 103.97.

SB70-AA1,125 Section 125. 20.445 (1) (ra) of the statutes is amended to read:

SB70-AA1,67,18 20.445 (1) (ra) Worker's compensation operations fund; administration. From the worker's compensation operations fund, the amounts in the schedule for the administration of the worker's compensation program by the department, for assistance to the department of justice in investigating and prosecuting fraudulent activity related to worker's compensation, for transfer to the uninsured employers fund under s. 102.81 (1) (c), and for transfer to the appropriation accounts under par. (rp) and s. 20.427 (1) (ra). All moneys received under ss. 102.28 (2) (b) and 102.75 (1) shall be credited to this appropriation account. From this appropriation, an amount not to exceed $5,000 may be expended each fiscal year for payment of expenses for travel and research by the council on worker's compensation, an amount not to exceed $500,000 may be transferred in each fiscal year to the uninsured employers fund under s. 102.81 (1) (c), the amount in the schedule under par. (rp) shall be transferred to the appropriation account under par. (rp), and the amount in the schedule under s. 20.427 (1) (ra) shall be transferred to the appropriation account under s. 20.427 (1) (ra).

SB70-AA1,126 Section 126. 20.445 (1) (rr) of the statutes is created to read:

SB70-AA1,67,24 20.445 (1) (rr) Worker's compensation operations fund; special assessment insurer reimbursements. From the worker's compensation operations fund, the amounts in the schedule for providing reimbursement to insurance carriers paying supplemental benefits under s. 102.44 (1) (c). All moneys received under s. 102.75 (1g) shall be credited to this appropriation account.

SB70-AA1,127 Section 127. 20.445 (1) (sm) of the statutes is amended to read:

SB70-AA1,68,7 20.445 (1) (sm) Uninsured employers fund; payments. From the uninsured employers fund, a sum sufficient to make all moneys received from sources identified under s. 102.80 (1m) for the purpose of making the payments under s. 102.81 (1) and to obtain reinsurance under s. 102.81 (2). No moneys may be expended or encumbered under this paragraph until the first day of the first July beginning after the day that the secretary of workforce development files the certificate under s. 102.80 (3) (a).

SB70-AA1,128 Section 128. 20.445 (6) (q) of the statutes is created to read:

SB70-AA1,68,12 20.445 (6) (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.

SB70-AA1,129 Section 129. 20.445 (6) (r) of the statutes is created to read:

SB70-AA1,68,17 20.445 (6) (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.