AB31: Bill Text

AB31,24,22 (2) The department shall make grants under this section for any of the following purposes:

AB31,24,23 (a) Adapting to challenges posed by the COVID-19 public health crisis.

AB31,24,24 (b) Purchasing Wisconsin food products to provide to state residents.

AB31,35 Section 35 . 102.03 (7) of the statutes is created to read:

AB31,25,2 102.03 (7) (a) In this subsection, “critical worker” means an employee whose position is determined to be critical under s. 323.19 (3p).

AB31,25,6 (b) For the purposes of benefits under this chapter, where an injury to a critical worker is found to be caused by COVID-19, during the period beginning on the effective date of this paragraph .... [LRB inserts date], and ending on December 31, 2021, the injury is presumed to be caused by the individual's employment.

AB31,25,8 (c) An injury claimed under par. (b) must be accompanied by a specific diagnosis of COVID-19 by a physician, or by a positive diagnostic test result for the disease.

AB31,25,11 (d) An injury claimed under par. (b) may be rebutted by specific evidence that the injury was caused by exposure to COVID-19 outside of the individual's work for the employer.

AB31,36 Section 36 . 102.565 (6) of the statutes is amended to read:

AB31,25,14 102.565 (6) This section does not apply to an employee whose claim of injury is presumed to be caused by employment under s. 102.03 (6) or (7).

AB31,37 Section 37 . 103.025 (title) of the statutes is amended to read:

AB31,25,16 103.025 (title) Hours of labor; compensatory time; hazard pay.

AB31,38 Section 38 . 103.025 (1) (bm) of the statutes is created to read:

AB31,25,19 103.025 (1) (bm) “Frontline health care worker” has the meaning given in s. 16.34 (1).

AB31,39 Section 39 . 103.025 (3) of the statutes is created to read:

AB31,26,2 103.025 (3) During a public health emergency declared by the governor under s. 323.10 or pursuant to an emergency order issued by the secretary of health services under s. 252.02, an employer shall pay frontline health care workers a hazard pay premium of 1.5 times the employee's hourly rate, or an additional $15 per hour, whichever is more. An employer may apply for a grant under s. 16.34 (2) (a) to pay the hazard pay premium.

AB31,40 Section 40 . 103.10 (1) (c) of the statutes is amended to read:

AB31,26,9 103.10 (1) (c) Except as provided in sub. subs. (1m) (b) 3. and (4m) (a), “employer" means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB31,41 Section 41 . 103.10 (1) (dm) of the statutes is created to read:

AB31,26,12 103.10 (1) (dm) “Frontline health care worker” has the meaning given in s. 16.34 (1).

AB31,42 Section 42 . 103.10 (2) (c) of the statutes is amended to read:

AB31,26,17 103.10 (2) (c) This Except as provided in sub. (4m), 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 hours during the preceding 52-week period.

AB31,43 Section 43 . 103.10 (4m) of the statutes is created to read:

AB31,26,24 103.10 (4m) Paid medical leave for frontline health care workers. (a) An employer that employs at least one employee shall provide at least 15 days of paid medical leave in addition to any leave provided under sub. (4) (a) to a frontline health care worker who is employed by the employer and who contracts a communicable disease. The employee does not need to meet the length of employment or hours-worked standard set forth in sub. (2) (c).

AB31,26,25 (b) An employer may apply for a grant under s. 16.34 (3) (a).

AB31,44 Section 44. 103.10 (5) (a) of the statutes is amended to read:

AB31,27,3 103.10 (5) (a) This Except as provided in sub. (4m), this section does not entitle an employee to receive wages or salary while taking family leave or medical leave.

AB31,45 Section 45 . 103.10 (8) of the statutes is amended to read:

AB31,27,8 103.10 (8) Position upon return from leave. (a) Subject to par. (c), when an employee returns from family leave or, medical leave, or paid medical leave as a frontline health care worker, his or her employer shall immediately place the employee in an employment position as follows:

AB31,27,11 1. If the employment position which the employee held immediately before the family leave or, medical leave , or paid medical leave as a frontline health care worker began is vacant when the employee returns, in that position.

AB31,27,16 2. If the employment position which the employee held immediately before the family leave or, medical leave , or paid medical leave as a frontline health care worker began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment and other terms and conditions of employment.

AB31,27,20 (b) No employer may, because an employee received family leave or, medical leave, or paid medical leave as a frontline health care worker, reduce or deny an employment benefit which accrued to the employee before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

AB31,27,25 (c) Notwithstanding par. (a), if an employee on a medical or leave, family leave, or paid medical leave as a frontline health care worker wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave as scheduled.

AB31,46 Section 46. 103.10 (9) (a) and (b) of the statutes are amended to read:

AB31,28,7 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a returning employee to a right, employment benefit or employment position to which the employee would not have been entitled had he or she not taken family leave or, medical leave, or paid medical leave as a frontline health care worker or to the accrual of any seniority or employment benefit during a period of family leave or, medical leave, or paid medical leave as a frontline health care worker.

AB31,28,15 (b) Subject to par. (c), during a period an employee takes family leave or, medical leave, or paid medical leave as a frontline health care worker, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or medical leave began. If the employee continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employee had not taken the family leave or medical leave.

AB31,47 Section 47 . 103.10 (9) (c) 4. of the statutes is amended to read:

AB31,28,22 103.10 (9) (c) 4. If an employee ends his or her employment with an employer during or within 30 days after a period of family leave or, medical leave, or paid medical leave as a frontline health care worker, the employer may deduct from the amount returned to the employee under subd. 3. any premium or similar expense paid by the employer for the employee's group health insurance coverage while the employee was on family leave or medical the leave.

AB31,48 Section 48 . 103.10 (9) (d) of the statutes is amended to read:

AB31,29,3 103.10 (9) (d) If an employee ends his or her employment with an employer during or at the end of a period of family leave or , medical leave, or paid medical leave as a frontline health care worker, the time period for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the day that the employee began the period of family leave or medical leave.

AB31,49 Section 49 . 103.10 (12) (d) of the statutes is amended to read:

AB31,29,11 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may order the employer to take action to remedy the violation, including providing requested family leave or, medical leave, or paid medical leave as a frontline health care worker, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

AB31,50 Section 50 . 108.04 (2) (h) of the statutes is repealed.

AB31,51 Section 51 . 108.04 (3) (b) of the statutes is amended to read:

AB31,29,18 108.04 (3) (b) Paragraph (a) does not apply with respect to benefit years that begin after March 12, 2020, and before February 7, 2021 January 2, 2022. The department shall seek the maximum amount of federal reimbursement for benefits that are, during the time period specified in this paragraph, payable for the first week of a claimant's benefit year as a result of the application of this paragraph.

AB31,52 Section 52 . 108.04 (12) (f) of the statutes is repealed.

AB31,53 Section 53. 108.062 (2) (d) of the statutes is amended to read:

AB31,29,23 108.062 (2) (d) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 12 months in any 5-year period within the same work unit.

AB31,54 Section 54 . 108.062 (20) (intro.) of the statutes is amended to read:

AB31,30,7 108.062 (20) Suspensions of certain provisions. (intro.) Notwithstanding sub. (2), this subsection, and not sub. (2), applies to work-share plans submitted on or after April 17, 2020, and before December 31, 2020 January 2, 2022, subject to sub. (19). During that period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:

AB31,55 Section 55 . 108.062 (20) (c) of the statutes is amended to read:

AB31,30,11 108.062 (20) (c) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 12 months in any 5-year period within the same work unit.

AB31,56 Section 56 . 108.07 (5) (bm) 3. b. of the statutes is amended to read:

AB31,30,18 108.07 (5) (bm) 3. b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits shall be paid in the manner provided under par. (am) 1. The secretary of administration may transfer any amount from the unencumbered balance of any appropriation of an executive branch agency to the appropriation under s. 20.445 (1) (gd). The transfers made under this subsection may not exceed the amount required to make the payments required under this subd. 3. b.

AB31,57 Section 57 . 115.385 (6) of the statutes is amended to read:

AB31,30,22 115.385 (6) The department shall may not publish a school and school district accountability report under this section in the 2020-21 and 2021-22 school year years.

AB31,58 Section 58 . 115.415 (1) (b) of the statutes is amended to read:

AB31,31,5 115.415 (1) (b) For the evaluation of teachers and principals in the 2019-20 and 2020-21 school year years, the school board and the operator of a charter school established under s. 118.40 (2r) may not consider pupil performance on statewide assessments administered under s. 118.30 in the 2019-20 or 2020-21 school year and may not include pupil performance on those assessments in the evaluation score assigned to a teacher or principal under the educator effectiveness evaluation system developed under this section.

AB31,59 Section 59 . 115.437 (2) (b) of the statutes is repealed and recreated to read:

AB31,31,10 115.437 (2) (b) Notwithstanding sub. (1), for purposes of calculating aid paid under par. (a) in the 2020-21, 2021-22, and 2022-23 school years, the number of pupils enrolled in a school district in the 2020-21 school year is the greater of the following:

AB31,31,12 1. The number of pupils enrolled, as defined in sub. (1), in the school district in the 2019-20 school year.

AB31,31,14 2. The number of pupils enrolled, as defined in sub. (1), in the school district in the 2020-21 school year.

AB31,60 Section 60 . 120.13 (2) (g) of the statutes is amended to read:

AB31,31,19 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB31,61 Section 61 . 140.145 (10) (a) of the statutes is amended to read:

AB31,31,24 140.145 (10) (a) Any law governing the creation and execution of wills, codicils, or testamentary trusts, except that this section applies to a transaction governed as described in this paragraph from the effective date of this paragraph .... [LRB inserts date], to December 31, 2021.

AB31,62 Section 62 . 140.145 (10) (b) of the statutes is amended to read:

AB31,32,5 140.145 (10) (b) Any law governing the creation and execution of living trusts or trust amendments for personal use, not including a transaction, as defined in s. 137.11 (15), except that this section applies to a transaction governed as described in this paragraph from the effective date of this paragraph .... [LRB inserts date], to December 31, 2021.

AB31,63 Section 63 . 185.983 (1) (intro.) of the statutes is amended to read:

AB31,32,14 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB31,64 Section 64 . 252.02 (8) of the statutes is created to read:

AB31,32,19 252.02 (8) The department may issue an order prohibiting the commencement of any action for eviction under chs. 704 and 799 or for foreclosure under ch. 846 for any period before January 1, 2022. An order issued under this subsection may be applicable statewide or may be geographically limited.

AB31,65 Section 65 . 323.19 (3m) of the statutes is created to read:

AB31,33,2 323.19 (3m) Based on guidance provided by the secretary of health services, during the period beginning on the effective date of this subsection .... [LRB inserts date], and ending on December 31, 2021, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical for the purposes of s. 40.26 (7).

AB31,66 Section 66 . 323.19 (3p) of the statutes is created to read:

AB31,33,5 323.19 (3p) The secretary of health services shall determine which workers are critical workers for the purposes of s. 102.03 (7).

AB31,67 Section 67 . 323.19 (4) (b) of the statutes is amended to read:

AB31,33,14 323.19 (4) (b) During the public health emergency declared on March 12, 2020, by executive order 72 period beginning on the effective date of this paragraph .... [LRB inserts date], and ending on December 31, 2021, the head or governing body of a state entity may waive a statutory or other requirement imposed, administered, or enforced by the state entity that an individual appear in person if the head or governing body finds that the waiver assists in the state's response to the public health emergency or that enforcing the requirement may increase the public health risk.

AB31,68 Section 68 . 323.267 of the statutes is created to read:

AB31,33,17 323.267 Waivers of certain interest, penalties, and payments. (1) In this section:

AB31,33,22 (a) “Agency” means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, but not including the legislature or the courts.

AB31,33,24 (b) “Debtor" means a person who owes a debt to an agency or a local governmental unit.

AB31,34,2 (c) “Effective period” means the period beginning on the effective date of this paragraph .... [LRB inserts date], and ending on December 31, 2021.

AB31,34,6 (d) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB31,34,9 (2) Each agency and local governmental unit may waive any interest, penalty, or payment of a debtor that accrues or becomes due during the effective period with respect to a debt the debtor owes the agency or local governmental unit.

AB31,69 Section 69 . 323.2912 of the statutes is amended to read:

AB31,34,17 323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared period beginning on March 12, 2020, by executive order 72 and ending on December 31, 2021.

AB31,70 Section 70 . 323.2913 of the statutes is amended to read:

AB31,35,2 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during the public health emergency declared period beginning on March 12, 2020, by executive order 72 and ending on December 31, 2021. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee's final pay.