Amendment AA7-ASA1-AB64

AB64-ASA1-AA7,17,5 50. Page 660, line 11: after that line insert:

AB64-ASA1-AA7,17,6 “ Section 1111ka. 71.47 (5b) (d) 1. of the statutes is amended to read:

AB64-ASA1-AA7,17,9 71.47 (5b) (d) 1. Section For taxable years beginning before January 1, 2017, s. 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB64-ASA1-AA7,1111kb Section 1111kb. 71.47 (5b) (d) 1m. of the statutes is created to read:

AB64-ASA1-AA7,17,13 71.47 (5b) (d) 1m. For taxable years beginning after December 31, 2016, s. 71.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.”.

AB64-ASA1-AA7,17,14 51. Page 660, line 17: after that line insert:

AB64-ASA1-AA7,17,15 “ Section 1111ma. 71.47 (5b) (d) 4. of the statutes is created to read:

AB64-ASA1-AA7,17,21 71.47 (5b) (d) 4. For taxable years beginning after December 31, 2016, if the allowable amount of the claim under par. (b) exceeds the tax otherwise due under s. 71.43, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (ba).”.

AB64-ASA1-AA7,17,22 52. Page 661, line 15: after that line insert:

AB64-ASA1-AA7,17,23 “ Section 1114jb. 71.49 (1) (eop) of the statutes is amended to read:

AB64-ASA1-AA7,18,2 71.49 (1) (eop) Early stage seed investment credit under s. 71.47 (5b), except as provided under par. (f).”.

AB64-ASA1-AA7,18,4 53. Page 661, line 24: after “(k) 1.," insert “ early stage seed investment credit under s. 71.47 (5b) (d) 4.,".

AB64-ASA1-AA7,18,5 54. Page 727, line 11: after that line insert:

AB64-ASA1-AA7,18,7 “ Section 1332b. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB64-ASA1-AA7,18,9 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

AB64-ASA1-AA7,1332c Section 1332c. 103.10 (1) (a) 1. of the statutes is repealed.

AB64-ASA1-AA7,1332d Section 1332d. 103.10 (1) (a) 2. of the statutes is repealed.

AB64-ASA1-AA7,1332e Section 1332e. 103.10 (1) (ap) of the statutes is created to read:

AB64-ASA1-AA7,18,13 103.10 (1) (ap) “Covered active duty" means any of the following:

AB64-ASA1-AA7,18,15 1. In the case of 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.

AB64-ASA1-AA7,18,19 2. In the case of 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).

AB64-ASA1-AA7,1332f Section 1332f. 103.10 (1) (b) of the statutes is amended to read:

AB64-ASA1-AA7,18,24 103.10 (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.

AB64-ASA1-AA7,1332g Section 1332g. 103.10 (1) (c) of the statutes is amended to read:

AB64-ASA1-AA7,19,7 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" means a person engaging in any activity, enterprise, or business in this state employing at least 50 25 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.

AB64-ASA1-AA7,1332h Section 1332h. 103.10 (1) (dm) of the statutes is created to read:

AB64-ASA1-AA7,19,9 103.10 (1) (dm) “Grandchild" means the child of a child.

AB64-ASA1-AA7,1332i Section 1332i. 103.10 (1) (dp) of the statutes is created to read:

AB64-ASA1-AA7,19,11 103.10 (1) (dp) “Grandparent" means the parent of a parent.

AB64-ASA1-AA7,1332j Section 1332j. 103.10 (1) (gm) of the statutes is created to read:

AB64-ASA1-AA7,19,14 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB64-ASA1-AA7,1332k Section 1332k. 103.10 (1m) (b) 4. of the statutes is amended to read:

AB64-ASA1-AA7,19,23 103.10 (1m) (b) 4. “Family member" means a spouse or domestic partner of an employee; a parent, child, sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee's spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee's spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

AB64-ASA1-AA7,1332L Section 1332L. 103.10 (3) (a) 1. of the statutes is amended to read:

AB64-ASA1-AA7,20,2 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and, 2., and 4.

AB64-ASA1-AA7,1332m Section 1332m. 103.10 (3) (b) 3. of the statutes is amended to read:

AB64-ASA1-AA7,20,6 103.10 (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.

AB64-ASA1-AA7,1332n Section 1332n. 103.10 (3) (b) 4. of the statutes is created to read:

AB64-ASA1-AA7,20,11 103.10 (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.

AB64-ASA1-AA7,1332o Section 1332o. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB64-ASA1-AA7,20,17 103.10 (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:

AB64-ASA1-AA7,1332p Section 1332p. 103.10 (6) (b) 1. of the statutes is amended to read:

AB64-ASA1-AA7,20,22 103.10 (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.

AB64-ASA1-AA7,1332q Section 1332q. 103.10 (6) (c) of the statutes is created to read:

AB64-ASA1-AA7,21,3 103.10 (6) (c) If the employee intends to take 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.

AB64-ASA1-AA7,1332r Section 1332r. 103.10 (7) (a) of the statutes is amended to read:

AB64-ASA1-AA7,21,9 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate.

AB64-ASA1-AA7,1332s Section 1332s. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB64-ASA1-AA7,21,12 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB64-ASA1-AA7,1332t Section 1332t. 103.10 (7) (b) 1. of the statutes is amended to read:

AB64-ASA1-AA7,21,15 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB64-ASA1-AA7,1332u Section 1332u. 103.10 (7) (d) of the statutes is created to read:

AB64-ASA1-AA7,21,23 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification 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 issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

AB64-ASA1-AA7,1332v Section 1332v. 103.10 (12) (c) of the statutes is amended to read:

AB64-ASA1-AA7,22,7 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50 percent of the cost of the examination and opinion.

AB64-ASA1-AA7,1332w Section 1332w. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB64-ASA1-AA7,1332x Section 1332x. 103.10 (14) (b) of the statutes is repealed.

AB64-ASA1-AA7,1332y Section 1332y. 103.105 of the statutes is created to read:

AB64-ASA1-AA7,22,12 103.105 Family and medical leave insurance program. (1) Definitions. In this section:

AB64-ASA1-AA7,22,15 (a) “Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

AB64-ASA1-AA7,22,17 (b) “Average weekly earnings" means the average weekly earnings of a covered individual as calculated under s. 102.11 (1) (a) to (e).

AB64-ASA1-AA7,22,18 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.

AB64-ASA1-AA7,22,23 (d) “Covered individual" means an individual who worked for an employer for at least 680 hours in the calendar year prior to the individual's application year or a self-employed individual who elects coverage under sub. (2) (b), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

AB64-ASA1-AA7,22,24 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

AB64-ASA1-AA7,23,3 (f) “Employee" means an individual employed in this state by an employer, except the employer's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling.

AB64-ASA1-AA7,23,8 (g) “Employer" means a person engaging in any activity, enterprise, or business in this state. “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.

AB64-ASA1-AA7,23,10 (h) “Family leave" means leave from employment, self-employment, or availability for employment for a reason specified in s. 103.10 (3) (b) 1., 2., 3., or 4.

AB64-ASA1-AA7,23,13 (i) “Family or medical leave insurance benefits" means family or medical leave insurance benefits payable under this section from the family and medical leave insurance trust fund.

AB64-ASA1-AA7,23,14 (j) “Grandchild" means the child of a child.

AB64-ASA1-AA7,23,15 (k) “Grandparent" means the parent of a parent.

AB64-ASA1-AA7,23,22 (L) “Medical leave" means leave from employment when a covered individual has a serious health condition that makes the individual unable to perform his or her employment duties, leave from self-employment when a covered individual has a serious health condition that makes the individual unable to perform the duties of his or her self-employment, or leave from availability for employment when a covered individual has a serious health condition that makes the individual unable to perform the duties of any suitable employment.

AB64-ASA1-AA7,23,25 (m) “Parent" means a natural parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

AB64-ASA1-AA7,24,1 (n) “Serious health condition" has the meaning given in s. 103.10 (1) (g).

AB64-ASA1-AA7,24,3 (o) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB64-ASA1-AA7,24,4 (p) “Spouse" means an employee's legal husband or wife.

AB64-ASA1-AA7,24,7 (q) “State annual median wage" means the median hourly wage for all occupations in this state, as determined by the bureau of labor statistics of the U.S. department of labor, multiplied by 2,080.

AB64-ASA1-AA7,24,9 (r) “Waiting period" means the period under sub. (4) (b) 1. for which no family or medical leave insurance benefits are payable.

AB64-ASA1-AA7,24,16 (2) Eligibility for benefits. (a) A covered individual who is on family or medical leave is eligible to receive family or medical leave insurance benefits in the amount specified in sub. (3) and for the duration specified in sub. (4). No family or medical leave insurance benefits are payable for any period of family or medical leave for which a covered individual is substituting paid leave of any other type provided by his or her employer or for which a covered individual is receiving unemployment insurance benefits under ch. 108 or worker's compensation benefits under ch. 102.

AB64-ASA1-AA7,25,5 (b) Any sole proprietor, partner of a partnership, member of a limited liability company, or other self-employed individual engaged in a vocation, profession, or business in this state on a substantially full-time basis may elect to be covered under this section by filing a written notice of election with the department in a form and manner prescribed by the department by rule. An initial election under this paragraph becomes effective on the date on which the notice of election is filed, shall be for a period of not less than 3 years, and may be renewed for subsequent one-year periods by the filing of a written notice with the department that the self-employed individual intends to continue his or her coverage under this section. A self-employed individual who elects coverage under this section may withdraw that election no earlier than 3 years after the date of the initial election or at such other times as the department may prescribe by rule by providing notice of that withdrawal to the department not less than 30 days before the expiration date of the election.

AB64-ASA1-AA7,25,16 (c) To receive family or medical leave insurance benefits, a covered individual shall file a claim for those benefits within such time and in such manner as the department may prescribe by rule. On receipt of a claim for family or medical leave insurance benefits, the department may request from the claimant's employer such information as may be necessary for the department to determine the claimant's eligibility for those benefits and the amount and duration of those benefits, and the employer shall provide that information to the department within such time and in such manner as the department may prescribe by rule. If the department determines that a claimant is eligible to receive family or medical leave insurance benefits, the department shall provide those benefits to the claimant as provided in subs. (3) to (5).

AB64-ASA1-AA7,25,19 (3) Amount of benefits. (a) Subject to par. (b), the amount of family or medical leave insurance benefits for a week of leave for which those benefits are payable is as follows:

AB64-ASA1-AA7,25,22 1. For a covered individual who earned less than 30 percent of the state annual median wage in the calendar year before the individual's application year, 95 percent of that individual's average weekly earnings.

AB64-ASA1-AA7,25,25 2. For a covered individual who earned at least 30 percent, but less than 50 percent, of the state annual median wage in the calendar year before the individual's application year, 90 percent of that individual's average weekly earnings.

AB64-ASA1-AA7,26,3 3. For a covered individual who earned at least 50 percent, but less than 80 percent, of the state annual median wage in the calendar year before the individual's application year, 85 percent of that individual's average weekly earnings.

AB64-ASA1-AA7,26,6 4. For a covered individual who earned at least 80 percent of the state annual median wage in the calendar year before the individual's application year, 66 percent of that individual's average weekly earnings.

AB64-ASA1-AA7,26,11 (b) The amount of family or medical leave insurance benefits for a fractional week of leave for which those benefits are payable is one-seventh of the covered individual's weekly benefit amount under par. (a) multiplied by the number of days of leave taken that week. Family or medical leave insurance benefits are not payable for a period of leave of less than one day in duration.

AB64-ASA1-AA7,26,23 (4) Duration of benefits. (a) The maximum number of weeks for which family or medical leave insurance benefits are payable in an application year is 12 weeks. A covered individual may take family or medical leave continuously or, at the option of the covered individual, intermittently or on a reduced leave schedule, except that a covered individual may not take family or medical leave intermittently or on a reduced leave schedule for more than 24 consecutive weeks unless the leave is for a reason specified in sub. (1) (L) or s. 103.10 (3) (b) 3. and the covered individual shows that the leave is medically necessary. If a covered individual who is employed intends to take family or medical leave intermittently or on a reduced leave schedule, the covered individual shall make a reasonable effort to schedule that leave so as not to unduly disrupt the operations of his or her employer and shall provide the employer with prior notice of that leave in a reasonable and practicable manner.

AB64-ASA1-AA7,27,6 (b) 1. Except as provided in subd. 2., no family or medical leave insurance benefits are payable for the first 5 calendar days in an application year for which a covered individual is eligible for those benefits. Except as provided in subd. 2., family or medical leave insurance benefits are payable beginning on the 6th calendar day in an application year for which a covered individual is eligible for those benefits. The first payment of family or medical leave insurance benefits shall be made no later than 2 weeks after a covered individual files a claim for those benefits and subsequent payments shall be made no less often than semimonthly.

AB64-ASA1-AA7,27,11 2. If a covered individual uses 10 or more days of family or medical leave insurance benefits in an application year, those benefits shall also be payable with respect to the covered individual's waiting period. An employer may not require a covered individual to use paid or unpaid leave of any other type provided by the employer during the covered individual's waiting period.