Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,243 Section 243. 111.36 (1) (br) of the statutes is amended to read:

AB50-ASA2-AA6,117,16 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual’s gender, gender expression, or gender identity, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile, or offensive work environment or has the purpose or effect of substantially interfering with that individual’s work performance. Under this paragraph, substantial interference with an employee’s work performance or creation of an intimidating, hostile, or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work performance or to create an intimidating, hostile, or offensive work environment.

AB50-ASA2-AA6,244 Section 244. 111.36 (1) (c) of the statutes is amended to read:

AB50-ASA2-AA6,117,22 111.36 (1) (c) Discriminating against any woman individual on the basis of pregnancy, childbirth, maternity parental leave, or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability.

AB50-ASA2-AA6,245 Section 245. 111.36 (1) (d) 1. of the statutes is amended to read:

AB50-ASA2-AA6,118,7 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse Refusing to hire, employ, admit or license, or to bar or terminate any individual; barring or terminating from employment, membership, or licensure any individual,; or to discriminate discriminating against an any individual in promotion, in compensation, or in the terms, conditions, or privileges of employment because of the individual’s sexual orientation; or, gender expression, or gender identity.

AB50-ASA2-AA6,246 Section 246. 111.36 (1) (d) 2. of the statutes is amended to read:

AB50-ASA2-AA6,118,14 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge Discharging or otherwise discriminate discriminating against any person because he or she the person has opposed any discriminatory practices under this paragraph or because he or she the person has made a complaint, testified or assisted in any proceeding under this paragraph.

AB50-ASA2-AA6,247 Section 247. 111.36 (4) of the statutes is created to read:

AB50-ASA2-AA6,118,20 111.36 (4) Notwithstanding s. 111.322, it is not employment discrimination for an employer to require an employee to adhere to reasonable workplace appearance, grooming, and dress standards not precluded by other provisions of state or federal law, provided that an employer shall allow an employee to appear or dress consistently with the employee’s gender identity or gender expression.

AB50-ASA2-AA6,248 Section 248. 111.39 (4) (d) of the statutes is amended to read:

AB50-ASA2-AA6,119,11 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner’s findings on the complainant, together with an order dismissing the complaint.

AB50-ASA2-AA6,249 Section 249. 111.39 (5) (b) of the statutes is amended to read:

AB50-ASA2-AA6,120,2 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order it, the commission may extend the time another 21 days for filing the petition with the department.

AB50-ASA2-AA6,250 Section 250. 111.39 (5) (d) of the statutes is created to read:

AB50-ASA2-AA6,120,9 111.39 (5) (d) The commission shall serve a certified copy of the commission’s decision on the respondent. The commission shall also serve a certified copy of the commission’s decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB50-ASA2-AA6,251 Section 251. 111.397 of the statutes is created to read:

AB50-ASA2-AA6,120,22 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or an individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against an employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or an individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against an employer, labor organization, or employment agency that employs fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.

AB50-ASA2-AA6,121,3 (b) If a petition for judicial review of the findings and order of the commission concerning the same violation as the violation giving rise to the action under par. (a) is filed, the circuit court shall consolidate the proceeding for judicial review and the action under par. (a).

AB50-ASA2-AA6,121,7 (c) An individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing is not required to file a complaint under s. 111.39 or seek review under s. 111.395 in order for the department or the individual to bring an action under par. (a).

AB50-ASA2-AA6,121,9 (d) An action under par. (a) shall be commenced within 300 days after the alleged discrimination, unfair honesty testing, or unfair genetic testing occurred.

AB50-ASA2-AA6,122,2 (2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit court finds that discrimination, unfair honesty testing, or unfair genetic testing has occurred, or if such a finding has been made by an examiner or the commission and not been further appealed, the circuit court may order any relief that an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint filed under s. 111.39. In addition, the circuit court shall order the defendant to pay to the individual discriminated against or subjected to unfair honesty testing or unfair genetic testing any other compensatory damages, and punitive damages under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 111.395, the circuit court shall specify whether the relief ordered under this paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. The sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages that a circuit court may order may not exceed the following:

AB50-ASA2-AA6,122,5 1. In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.

AB50-ASA2-AA6,122,8 2. In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.

AB50-ASA2-AA6,122,11 3. In the case of a defendant that employs more than 200 but fewer than 501 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $200,000.

AB50-ASA2-AA6,122,14 4. In the case of a defendant that employs more than 500 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $300,000.

AB50-ASA2-AA6,122,17 (b) If the circuit court orders a payment under par. (a) because of a violation of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the employer of that individual is liable for the payment.

AB50-ASA2-AA6,122,20 (c) 1. In this paragraph, “consumer price index” means the average of the consumer price index for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

AB50-ASA2-AA6,123,10 2. Except as provided in this subdivision, beginning on July 1, 2024, and on each July 1 after that, the department shall adjust the amounts specified in par. (a) 1., 2., 3., and 4. by calculating the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year before the preceding year and adjusting those amounts by that percentage difference. The department shall publish the adjusted amounts calculated under this subdivision in the Wisconsin Administrative Register, and the adjusted amounts shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year of publication. This subdivision does not apply if the consumer price index for the 12-month period ending on December 31 of the preceding year did not increase over the consumer price index for the 12-month period ending on December 31 of the year before the preceding year.

AB50-ASA2-AA6,252 Section 252. 111.81 (12) (b) of the statutes is amended to read:

AB50-ASA2-AA6,123,15 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin.

AB50-ASA2-AA6,253 Section 253. 118.20 (1) of the statutes is amended to read:

AB50-ASA2-AA6,124,6 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), 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), race, nationality national origin, or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), 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), race, nationality national origin, or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

AB50-ASA2-AA6,254 Section 254. 321.37 of the statutes is amended to read:

AB50-ASA2-AA6,124,18 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person’s gender identity.

AB50-ASA2-AA6,255 Section 255. 814.04 (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,125,2 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB50-ASA2-AA6,256 Section 256. 893.995 of the statutes is created to read:

AB50-ASA2-AA6,125,5 893.995 Employment discrimination; civil remedies. Any civil action arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,125,10 (1) Employment discrimination damages. The treatment of ss. 111.39 (4) (d) and (5) (b) and (d), 111.397, 814.04 (intro.) (by Section 255), and 893.995 first applies to acts of employment discrimination, unfair honesty testing, or unfair genetic testing committed on the effective date of this subsection.”.

AB50-ASA2-AA6,125,11 31. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,125,18 “Section 257. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA6,258 Section 258. 20.445 (1) (cm) of the statutes is created to read:

AB50-ASA2-AA6,125,22 20.445 (1) (cm) Wisconsin worker advancement program. As a continuing appropriation, the amounts in the schedule for the Wisconsin worker advancement program under s. 106.145.

AB50-ASA2-AA6,259 Section 259. 106.145 of the statutes is created to read:

AB50-ASA2-AA6,126,7 106.145 Wisconsin worker advancement program. The department shall, from the appropriation under s. 20.445 (1) (cm), establish and administer a Wisconsin worker advancement program to make grants to local organizations, including local workforce development boards established under 29 USC 3122 and community-based organizations, for the organizations to provide employment and workforce services, including unrestricted support services, career services, and training programs to address workforce barriers.

AB50-ASA2-AA6,9250 Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,126,14 (1) Wisconsin worker advancement program. 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 2026-27 is increased by $105,800 to increase the authorized FTE positions for the department of workforce development by 1.0 GPR position for the purpose of the worker advancement program under s. 106.145.”.

AB50-ASA2-AA6,126,15 32. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,126,16 “Section 260. 230.35 (4) (a) 3m. of the statutes is created to read:

AB50-ASA2-AA6,126,17 230.35 (4) (a) 3m. June 19.

AB50-ASA2-AA6,261 Section 261. 230.35 (4) (a) 5m. of the statutes is created to read:

AB50-ASA2-AA6,126,19 230.35 (4) (a) 5m. November 11.

AB50-ASA2-AA6,262 Section 262. 230.35 (4) (a) 10. of the statutes is amended to read:

AB50-ASA2-AA6,126,22 230.35 (4) (a) 10. The day following if January 1, June 19, July 4, November 11, or December 25 falls on Sunday.

AB50-ASA2-AA6,263 Section 263. 230.35 (4) (c) of the statutes is amended to read:

AB50-ASA2-AA6,127,4 230.35 (4) (c) Except as provided in the compensation plan under s. 230.12, all employees except limited term employees shall receive 9 11 paid holidays annually in addition to any other authorized paid leave, the time to be at the discretion of the appointing authorities.

AB50-ASA2-AA6,264 Section 264. 230.35 (4) (d) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,127,11 230.35 (4) (d) (intro.) In addition to the holidays granted under par. (c) and except as provided in the compensation plan under s. 230.12, all employees except limited term employees shall earn 3.5 4.5 paid personal holidays each calendar year, plus one additional paid personal holiday each calendar year in recognition of Veterans Day. Eligibility to take the personal holidays during the year earned is subject to the following:

AB50-ASA2-AA6,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

AB50-ASA2-AA6,127,21 (1) Juneteenth holiday and Veterans Day. The administrator of the division of personnel management in the department of administration shall include June 19 and November 11 as paid holidays in the proposal for adjusting compensation and employee benefits for University of Wisconsin System employees for the 2025-26 and 2026-27 fiscal years that it submits to the joint committee on employee relations under s. 230.12 (3) (e) 1. The recommendation shall specify that the first June 19 paid holiday is June 19, 2026, and the first November 11 paid holiday is November 11, 2026.

AB50-ASA2-AA6,9401 Section 9401. Effective dates; Administration.

AB50-ASA2-AA6,128,2 (1) State holidays; Juneteenth and Veterans Day. The treatment of s. 230.35 (4) (a) 3m., 5m., and 10., (c), and (d) (intro.) takes effect on the January 1 after publication.”.

AB50-ASA2-AA6,128,3 33. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,128,4 “Section 9101. Nonstatutory provisions; Administration.

AB50-ASA2-AA6,128,17 (1) Position funding and incumbent staff. On January 1, 2027, the funding source for 3.0 FTE FED positions in the department of administration changes from the appropriation under s. 20.505 (1) (mb) to the general purpose revenue appropriation under s. 20.505 (1) (a), and the incumbent employees holding the positions on that date retain their positions. On January 1, 2027, the funding source for 1.0 FTE FED position in the department of administration changes from the appropriation under s. 20.505 (1) (mb) to the program revenue appropriation under s. 20.505 (1) (ka), and the incumbent employee holding the position on that date retains their position. On January 1, 2027, the funding source for 20.0 FTE FED positions in the department of administration changes from the appropriation under s. 20.505 (1) (mb) to the program revenue appropriation under s. 20.505 (1) (kz), and the incumbent employees holding the positions on that date retain their positions.

AB50-ASA2-AA6,9201 Section 9201. Fiscal changes; Administration.

AB50-ASA2-AA6,129,2 (1) Position and funding transfers. In the schedule under s. 20.005 (3) for the appropriation to the department of administration under s. 20.505 (1) (kz), the dollar amount for fiscal year 2026-27 is increased by $1,341,400 to increase the authorized FTE positions for the department of administration by 20.0 PR positions for the purpose of supporting an increased workload in human resources, payroll, and other administrative functions associated with an expansion of collective bargaining provisions for state government employees.".

AB50-ASA2-AA6,129,3 34. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,129,4 “Section 265. 49.175 (1) (Lm) of the statutes is amended to read:

AB50-ASA2-AA6,129,8 49.175 (1) (Lm) Jobs for America’s Graduates. For grants to the Jobs for America’s Graduates-Wisconsin to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., in each fiscal year, $1,000,000 $2,000,000.

AB50-ASA2-AA6,9206 Section 9206. Fiscal changes; Children and Families.

AB50-ASA2-AA6,129,17 (1) Jobs for America’s Graduates. 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 2025-26 is increased by $1,000,000 for amounts allocated under s. 49.175 (1) (Lm) for grants to the Jobs for America’s Graduates-Wisconsin. 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 2026-27 is increased by $1,000,000 for amounts allocated under s. 49.175 (1) (Lm) for grants to the Jobs for America’s Graduates-Wisconsin.”.

AB50-ASA2-AA6,129,18 35. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,129,19 “Section 266. 49.175 (1) (s) of the statutes is amended to read:

AB50-ASA2-AA6,130,5 49.175 (1) (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $28,727,100 in fiscal year 2021-22 and $31,441,800 in fiscal year 2022-23. In fiscal year 2023-24 2025-26, for such payments, $31,719,200 $45,686,700. In fiscal year 2024-25 2026-27, for such payments, $35,661,000 $53,125,600.

AB50-ASA2-AA6,9206 Section 9206. Fiscal changes; Children and Families.

AB50-ASA2-AA6,130,14 (1) Kinship care and long-term kinship care assistance. 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 2025-26 is increased by $10,025,700 to support kinship care and long-term kinship care under s. 49.175 (1) (s). 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 2026-27 is increased by $17,464,600 to support kinship care and long-term kinship care under s. 49.175 (1) (s).”.

AB50-ASA2-AA6,130,15 36. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,130,16 “Section 267. 16.3063 of the statutes is created to read:

AB50-ASA2-AA6,130,19 16.3063 Affordable housing and workforce development grants. (1) Definition. In this section, “local governmental unit” means a city, village, town, county, or school district.

AB50-ASA2-AA6,131,2 (2) Grants. From the appropriation under s. 20.505 (7) (fo), the department shall establish a competitive grant program to award grants to local governmental units and businesses, whether operated for profit or not for profit, for the purpose of funding the start-up of programs that focus on the development of the skilled workforce through the building or rehabilitation of affordable housing in their communities. The department may establish eligibility requirements and other program guidelines for the grant program under this subsection.

AB50-ASA2-AA6,268 Section 268. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA6,269 Section 269. 20.505 (7) (fo) of the statutes is created to read:

AB50-ASA2-AA6,131,12 20.505 (7) (fo) Affordable housing and workforce development grants. Biennially, the amounts in the schedule for grants under s. 16.3063.”.

AB50-ASA2-AA6,131,13 37. At the appropriate places, insert all of the following: