AB64-ASA1-AA7,25,2220 1. For a covered individual who earned less than 30 percent of the state annual
21median wage in the calendar year before the individual's application year, 95 percent
22of that individual's average weekly earnings.
AB64-ASA1-AA7,25,2523 2. For a covered individual who earned at least 30 percent, but less than 50
24percent, of the state annual median wage in the calendar year before the individual's
25application year, 90 percent of that individual's average weekly earnings.
AB64-ASA1-AA7,26,3
13. For a covered individual who earned at least 50 percent, but less than 80
2percent, of the state annual median wage in the calendar year before the individual's
3application year, 85 percent of that individual's average weekly earnings.
AB64-ASA1-AA7,26,64 4. For a covered individual who earned at least 80 percent of the state annual
5median wage in the calendar year before the individual's application year, 66 percent
6of that individual's average weekly earnings.
AB64-ASA1-AA7,26,117 (b) The amount of family or medical leave insurance benefits for a fractional
8week of leave for which those benefits are payable is one-seventh of the covered
9individual's weekly benefit amount under par. (a) multiplied by the number of days
10of leave taken that week. Family or medical leave insurance benefits are not payable
11for a period of leave of less than one day in duration.
AB64-ASA1-AA7,26,23 12(4) Duration of benefits. (a) The maximum number of weeks for which family
13or medical leave insurance benefits are payable in an application year is 12 weeks.
14A covered individual may take family or medical leave continuously or, at the option
15of the covered individual, intermittently or on a reduced leave schedule, except that
16a covered individual may not take family or medical leave intermittently or on a
17reduced leave schedule for more than 24 consecutive weeks unless the leave is for a
18reason specified in sub. (1) (L) or s. 103.10 (3) (b) 3. and the covered individual shows
19that the leave is medically necessary. If a covered individual who is employed intends
20to take family or medical leave intermittently or on a reduced leave schedule, the
21covered individual shall make a reasonable effort to schedule that leave so as not to
22unduly disrupt the operations of his or her employer and shall provide the employer
23with prior notice of that leave in a reasonable and practicable manner.
AB64-ASA1-AA7,27,624 (b) 1. Except as provided in subd. 2., no family or medical leave insurance
25benefits are payable for the first 5 calendar days in an application year for which a

1covered individual is eligible for those benefits. Except as provided in subd. 2., family
2or medical leave insurance benefits are payable beginning on the 6th calendar day
3in an application year for which a covered individual is eligible for those benefits.
4The first payment of family or medical leave insurance benefits shall be made no
5later than 2 weeks after a covered individual files a claim for those benefits and
6subsequent payments shall be made no less often than semimonthly.
AB64-ASA1-AA7,27,117 2. If a covered individual uses 10 or more days of family or medical leave
8insurance benefits in an application year, those benefits shall also be payable with
9respect to the covered individual's waiting period. An employer may not require a
10covered individual to use paid or unpaid leave of any other type provided by the
11employer during the covered individual's waiting period.
AB64-ASA1-AA7,27,16 12(5) Coordination of benefits. (a) If family or medical leave for which benefits
13are payable under this section also qualifies as family or medical leave under s.
14103.10 (3) (b) or (4) (a) or 29 USC 2612 (a) (1), the family or medical leave for which
15those benefits are payable shall run concurrently with the family or medical leave
16under s. 103.10 (3) (b) or (4) (a) or 29 USC 2612 (a) (1).
AB64-ASA1-AA7,27,2017 (b) No collective bargaining agreement or employer policy may diminish or
18abridge an employee's rights under this section. Any agreement purporting to waive
19or modify an employee's rights under this section is void as against public policy and
20unenforceable.
AB64-ASA1-AA7,27,2321 (c) Nothing in this section prohibits an employer from providing employees
22with rights to family or medical leave insurance benefits that are more generous to
23the employee than the rights provided under this section.
AB64-ASA1-AA7,28,3
1(6) Tax treatment of benefits. (a) State income tax. Family or medical leave
2insurance benefits received under this section are exempt from state income taxation
3under s. 71.05 (6) (b) 54.
AB64-ASA1-AA7,28,54 (b) Federal income tax. With respect to the federal income taxation of family
5or medical leave insurance benefits, the department shall do all of the following:
AB64-ASA1-AA7,28,116 1. At the time an individual files a claim for those benefits, advise the
7individual that those benefits are subject to federal income taxation, that
8requirements exist under federal law pertaining to estimated tax payments, and
9that the individual may elect to have federal income taxes withheld from the
10individual's benefit payments and may change that election not more than one time
11in an application year.
AB64-ASA1-AA7,28,1512 2. Permit the individual to elect to have federal income tax deducted and
13withheld from the individual's benefit payments, permit the individual to change
14that election not more than one time in an application year, and deduct and withhold
15that tax in accordance with the individual's election as provided under 26 USC 3402.
AB64-ASA1-AA7,28,1816 3. Upon making a deduction under subd. 2., transfer the amount deducted from
17the family and medical leave insurance trust fund to the federal internal revenue
18service.
AB64-ASA1-AA7,28,2119 4. In deducting and withholding federal income taxes from an individual's
20benefit payments, follow all procedures specified by the federal internal revenue
21service pertaining to the deducting and withholding of federal income tax.
AB64-ASA1-AA7,29,11 22(7) Family and medical leave insurance trust fund. Each employee and each
23self-employed individual who elects coverage under sub. (2) (b) shall contribute to
24the family and medical leave insurance trust fund a percentage of his or her wages
25from employment or income from self-employment determined by the department

1under this subsection. In determining that percentage, the department shall consult
2with the commissioner of insurance, who shall recommend a percentage that is
3sufficient to finance the payment of benefits under sub. (2) (c) and the administration
4of the family and medical leave insurance program under this section. The
5department shall collect those contributions from employers and self-employed
6individuals who elect coverage under sub. (2) (b) in the same manner as the
7department collects contributions to the unemployment reserve fund under ss.
8108.17 and 108.18. Section 108.10 applies to issues regarding liability of employers
9for contributions under this subsection. Contributions received under this
10subsection shall be deposited in the family and medical leave insurance trust fund
11and credited to the appropriation account under s. 20.445 (1) (w).
AB64-ASA1-AA7,29,16 12(8) Denial of claims; overpayments. (a) An individual whose claim for family
13or medical leave insurance benefits is denied by the department may request a
14hearing on the denial, and the department shall process the request for a hearing in
15the same manner that requests for hearings on unemployment insurance claims are
16processed under s. 108.09.
AB64-ASA1-AA7,30,217 (b) If the department pays family or medical leave insurance benefits
18erroneously or as a result of willful misrepresentation, the department may seek
19repayment of those benefits in the same manner that the department recovers
20erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22
21(8), and 108.225. The department may waive recovery of an erroneous payment of
22family or medical leave insurance benefits if the erroneous payment was not the fault
23of the person who received it and if requiring repayment would be contrary to equity
24and good conscience. If an individual willfully makes a false statement or
25representation, or willfully fails to disclose a material fact, to obtain family or

1medical leave insurance benefits under this section, the individual is disqualified
2from receiving those benefits for one year after the date of the disqualification.
AB64-ASA1-AA7,30,4 3(9) Prohibited acts. (a) No person may interfere with, restrain, or deny the
4exercise of any right provided under this section.
AB64-ASA1-AA7,30,95 (b) No person may discharge or otherwise discriminate against any person for
6exercising any right provided under this section, opposing a practice prohibited
7under this section, filing a complaint or attempting to enforce any right provided
8under this section, or testifying or assisting in any action or proceeding to enforce any
9right provided under this section.
AB64-ASA1-AA7,30,23 10(10) Enforcement. (a) Any person who believes that his or her rights under
11this section have been interfered with, restrained, or denied in violation of sub. (9)
12(a) or that he or she has been discharged or otherwise discriminated against in
13violation of sub. (9) (b) may, within 30 days after the violation occurs or the person
14should reasonably have known that the violation occurred, whichever is later, file a
15complaint with the department alleging the violation, and the department shall
16process the complaint in the same manner as complaints filed under s. 103.10 (12)
17(b) are processed. If the department finds that an employer has violated sub. (9) (a)
18or (b), the department may order the employer to take action to remedy the violation,
19including providing the requested family or medical leave, reinstating an employee,
20providing back pay accrued not more than 2 years before the complaint was filed, and
21paying reasonable actual attorney fees to the complainant. Section 111.322 (2m)
22applies to a discharge or other discriminatory act arising in connection with any
23proceeding under this paragraph.
AB64-ASA1-AA7,31,324 (b) After the completion of an administrative proceeding under par. (a),
25including judicial review, an employee or the department may bring an action in

1circuit court against an employer to recover damages caused by a violation of sub. (9)
2(a) or (b). Section 103.10 (13) (b) applies to the commencement of an action under this
3paragraph.
AB64-ASA1-AA7,31,6 4(11) Administration. The department shall administer the family and medical
5leave insurance program under this section. In administering that program, the
6department shall do all of the following:
AB64-ASA1-AA7,31,87 (a) Establish procedures and forms for the filing of claims for benefits under
8this section.
AB64-ASA1-AA7,31,129 (b) Promulgate rules to implement this section. Those rules shall maintain
10consistency with the regulations specified in 29 CFR Part 825 and the rules
11promulgated by the department to implement s. 103.10 to the extent that those
12regulations and rules do not conflict with this section.
AB64-ASA1-AA7,31,1713 (c) Use information sharing and integration technology to facilitate the
14exchange of information as necessary for the department to perform its duties under
15this section. Notwithstanding s. 19.35 (1), individual personal information
16maintained by the department under this section is confidential and not open to
17public inspection and copying and may be disclosed only as follows:
AB64-ASA1-AA7,31,1918 1. On the request of the individual who is the subject of the information or the
19individual's authorized representative, to the individual or representative.
AB64-ASA1-AA7,31,2220 2. With the written permission of the individual who is the subject of the
21information or the individual's authorized representative, to a person named in the
22permission.
AB64-ASA1-AA7,31,2423 3. To a public employee for use in the performance of the public employee's
24official duties.
AB64-ASA1-AA7,32,3
14. Under a court order or an order of a hearing examiner that is obtained upon
2prior notice to the department and a showing to the court or hearing examiner that
3the information is relevant to a pending court or administrative action.
AB64-ASA1-AA7,32,84 (d) Conduct a public outreach campaign to inform employers, employees,
5self-employed individuals, and other covered individuals regarding the family and
6medical leave insurance program under this section. Information provided under
7this paragraph shall be provided in English and in any other language customarily
8spoken by more than 20 percent of the population of this state.
AB64-ASA1-AA7,32,159 (e) By September 1 of each year, submit a report to the governor, the joint
10committee on finance, and the appropriate standing committees of the legislature
11under s. 13.172 (3) on the family and medical leave insurance program under this
12section. The report shall include the projected and actual rates of participation in
13the program, the premium rates for coverage under the program, the balance in the
14family and medical leave insurance trust fund under s. 25.52, and a description of
15the department's outreach efforts under par. (d).
AB64-ASA1-AA7,32,20 16(12) Notice posted. Each employer shall post, on its Internet site and in one
17or more conspicuous places where notices to employees are customarily posted, a
18notice in a form approved by the department setting forth employees' rights under
19this section. Any employer that violates this subsection shall forfeit not more than
20$100 for each violation.”.
AB64-ASA1-AA7,32,21 2155. Page 740, line 15: after that line insert:
AB64-ASA1-AA7,32,22 22 Section 1448y. 111.322 (2m) (a) of the statutes is amended to read:
AB64-ASA1-AA7,33,223 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
24right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,

1103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55 , or ss. 101.58 to 101.599
2or 103.64 to 103.82.
AB64-ASA1-AA7,1448z 3Section 1448z. 111.322 (2m) (b) of the statutes is amended to read:
AB64-ASA1-AA7,33,74 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
5held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13,
6103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
7or ss. 101.58 to 101.599 or 103.64 to 103.82.”.
AB64-ASA1-AA7,33,8 856. Page 851, line 9: after that line insert:
AB64-ASA1-AA7,33,9 9 Section 1673y. 165.955 (3) of the statutes is created to read:
AB64-ASA1-AA7,33,1110 165.955 (3) A county shall be eligible for a grant under sub. (2) if all of the
11following apply:
AB64-ASA1-AA7,33,1512 (a) The county's program is designed to meet the needs of a person who abuses
13alcohol or other drugs and who may be or has been charged with or who has been
14convicted of a crime in that county related to the person's use or abuse of alcohol or
15other drugs.
AB64-ASA1-AA7,33,1916 (b) The program is designed to promote public safety, reduce prison and jail
17populations, reduce prosecution and incarceration costs, reduce recidivism, and
18improve the welfare of participants' families by meeting the comprehensive needs of
19participants.
AB64-ASA1-AA7,33,2220 (c) The program establishes eligibility criteria for a person's participation. The
21criteria shall specify that a violent offender is not eligible to participate in the
22program.
AB64-ASA1-AA7,34,223 (d) Subject to par. (e), the program does not prohibit a person from beginning
24or continuing participation in the program because he or she uses a medication that

1is approved by the federal food and drug administration for the treatment of his or
2her substance use disorder.
AB64-ASA1-AA7,34,43 (e) The program allows a participant to use a medication that is approved by
4the federal food and drug administration if all of the following are true:
AB64-ASA1-AA7,34,75 1. A licensed health care provider, acting in the scope of his or her practice, has
6examined the person and determined that the person's use of the medication is an
7appropriate treatment for the person's substance use disorder.
AB64-ASA1-AA7,34,98 2. The medication was appropriately prescribed by a person authorized to
9prescribe medication in the state.
AB64-ASA1-AA7,34,1110 3. The person is using the medication as prescribed as part of treatment for a
11diagnosed substance use disorder.
AB64-ASA1-AA7,34,1512 (f) Services provided under the program are consistent with evidence-based
13practices in substance abuse and mental health treatment, as determined by the
14department of health services, and the program provides intensive case
15management.
AB64-ASA1-AA7,34,1716 (g) The program uses graduated sanctions and incentives to promote successful
17substance abuse treatment.
AB64-ASA1-AA7,34,2318 (h) The program provides holistic treatment to its participants and provides
19them services that may be needed, as determined under the program, to eliminate
20or reduce their use of alcohol or other drugs, improve their mental health, facilitate
21their gainful employment or enhanced education or training, provide them stable
22housing, facilitate family reunification, ensure payment of child support, and
23increase the payment of other court-ordered obligations.
AB64-ASA1-AA7,35,524 (i) The program is designed to integrate all mental health services provided to
25program participants by state and local government agencies and other

1organizations. The program shall require regular communication among a
2participant's substance abuse treatment providers, other service providers, the case
3manager, and any person designated under the program to monitor the person's
4compliance with his or her obligations under the program and any probation,
5extended supervision, and parole agent assigned to the participant.
AB64-ASA1-AA7,35,76 (j) The program provides substance abuse and mental health treatment
7services through providers that are certified by the department of health services.
AB64-ASA1-AA7,35,118 (k) The program requires participants to pay a reasonable amount for their
9treatment, based on their income and available assets, and pursues and uses all
10possible resources available through insurance and federal, state, and local aid
11programs, including cash, vouchers, and direct services.
AB64-ASA1-AA7,35,1812 (L) The program is developed with input from, and implemented in
13collaboration with, one or more circuit court judges, the district attorney, the state
14public defender, local law enforcement officials, county agencies responsible for
15providing social services, including services relating to alcohol and other drug
16addiction, child welfare, mental health, and the Wisconsin Works program, the
17departments of corrections, children and families, and health services, private social
18services agencies, and substance abuse treatment providers.
AB64-ASA1-AA7,35,2019 (m) The county complies with other eligibility requirements established by the
20department of justice to promote the objectives listed in pars. (a) and (b).”.
AB64-ASA1-AA7,35,21 2157. Page 860, line 10: delete “20.155 (3) (r)" and substitute “20.155 (3) (a), (r)".
AB64-ASA1-AA7,35,22 2258. Page 860, line 11: delete “and (rm)" and substitute “ , and (rm)".
AB64-ASA1-AA7,35,23 2359. Page 868, line 20: after that line insert:
AB64-ASA1-AA7,35,24 24 Section 1771d. 238.126 of the statutes is created to read:
AB64-ASA1-AA7,36,5
1238.126 Program targeting. Beginning with the 2017-19 fiscal biennium,
2the corporation shall target new funding it receives in the appropriations under s.
320.192 (1) (a) and (r) toward economic development programs that benefit small
4businesses, start-ups, businesses located in rural areas, and businesses certified
5under ss. 16.283, 16.285, and 16.287.”.
AB64-ASA1-AA7,36,6 660. Page 868, line 20: after that line insert:
AB64-ASA1-AA7,36,7 7 Section 1771m. 238.137 of the statutes is created to read:
AB64-ASA1-AA7,36,8 8238.137 Entrepreneurial assistance grants. (1) In this section:
AB64-ASA1-AA7,36,119 (a) “Institution of higher education" means an institution within the University
10of Wisconsin System, a technical college, or a private, nonprofit institution of higher
11education located in this state.
AB64-ASA1-AA7,36,1412 (b) “New business" means a business organized in this state on a date not more
13than 60 months before the date on which the business applies for a grant under sub.
14(2).
AB64-ASA1-AA7,36,21 15(2) The corporation may award to a new business a grant of up to $3,000 for
16expenses related to hiring a paid intern who will assist with research, marketing,
17business plan development, or other functions relating to the creation of a new
18business. A recipient may use the grant under this subsection only for hiring a
19student who is enrolled in an institution of higher education in the field of business,
20engineering, or information technology or in a similar field as determined by the
21corporation.
AB64-ASA1-AA7,37,6 22(3) If the corporation awards grants under sub. (2) to 3 or more businesses to
23fund internships for students enrolled in a single institution of higher education, and
24the institution of higher education develops a program to facilitate internships

1funded with grants under sub. (2), the corporation may award a grant of up to
2$25,000 to the institution of higher education for costs associated with hiring interns
3under sub. (2), including faculty or staff time and curriculum development. If the
4corporation lacks sufficient funds to award grants to all qualified applicants, the
5corporation shall allocate available funds to applicants that have the greatest
6potential to create jobs in this state.
AB64-ASA1-AA7,37,9 7(4) From the appropriations under s. 20.192 (1) (k) and (r), the corporation shall
8allocate at least $125,000 in each fiscal year to provide the grants under subs. (2) and
9(3).
AB64-ASA1-AA7,37,11 10(5) The corporation shall actively pursue gifts and grants from private sources
11for funding grants under subs. (2) and (3).
AB64-ASA1-AA7,37,14 12(6) Not later than February 1, 2021, the corporation shall submit to the
13legislature under s. 13.172 (2) a report evaluating the effectiveness of grants under
14subs. (2) and (3).”.
AB64-ASA1-AA7,37,15 1561. Page 869, line 21: after that line insert:
AB64-ASA1-AA7,37,16 16 Section 1774o. 238.165 of the statutes is created to read:
AB64-ASA1-AA7,37,24 17238.165 Entrepreneurial tax credit access grants. (1) The corporation
18shall establish and administer a program to make grants under this section. The
19corporation may award a grant under the program to a person who intends to use the
20grant to secure financing for making expenditures that would qualify for a credit
21under s. 71.07 (2dy) or (3g) (a) 2., 71.28 (1dy) or (3g) (a) 2., or 71.47 (1dy) or (3g) (a)
222., if the expenditures are made for a business located in this state that has fewer
23than 25 employees in this state or less than $5,000,000 in gross receipts for the
24taxable year in which the person applies for a grant under this section.
AB64-ASA1-AA7,38,9
1(2) Any person who wishes to receive a grant under this section shall complete
2and submit an application to the corporation and enter into an agreement with the
3corporation to use the grant to secure financing for making expenditures described
4under sub. (1) and to repay any or all of the grant proceeds to the corporation if the
5person fails to comply with the agreement. An agreement under this subsection may
6provide that repayment shall be obtained through full or partial repayment of the
7principal amount of the grant plus interest, through receipt of a share of future
8profits from or an interest in a product or process, or through any other appropriate
9means.
AB64-ASA1-AA7,38,15 10(3) (a) No person may receive a grant under this section unless the person has
11submitted business and financing plans to a commercial lending institution and
12submitted copies of the plans to the corporation. Before awarding a grant, the
13corporation shall verify that the lender has approved the person's plans and will
14underwrite a loan for expenditures described under sub. (1), contingent on the
15person receiving a grant under this section.
AB64-ASA1-AA7,38,1916 (b) The amount of any grant awarded under this section is the amount equal
17to 95 percent of the tax credit that the recipient could otherwise receive for making
18expenditures described under sub. (1), except that the amount of the grant may not
19exceed an amount equal to 20 percent of the cost of the project that is being financed.
AB64-ASA1-AA7,38,2220 (c) The corporation shall require, as a condition of the grant, that the recipient
21contribute to a project an amount that is not less than the amount the recipient
22receives as a grant under this section for the project.
AB64-ASA1-AA7,39,2 23(4) A person who receives a grant under this section to secure financing for
24making an expenditure described under sub. (1) may not claim a credit under s. 71.07

1(2dy) or (3g) (a) 2., 71.28 (1dy) or (3g) (a) 2., or 71.47 (1dy) or (3g) (a) 2. for that
2expenditure.
AB64-ASA1-AA7,39,5 3(5) (a) The corporation shall pay grants under this section from the
4appropriation under s. 20.192 (1) (r). The total amount that the corporation may
5award under this section in a fiscal year is $8,000,000.
AB64-ASA1-AA7,39,76 (b) The corporation shall establish policies and procedures to administer this
7section.
AB64-ASA1-AA7,39,98 (c) The corporation may not award grants under this section after January 1,
92019.”.
AB64-ASA1-AA7,39,10 1062. Page 870, line 5: delete lines 5 to 8.
AB64-ASA1-AA7,39,11 1163. Page 1022, line 19: after that line insert:
AB64-ASA1-AA7,39,20 12(3c) Technical assistance to examine criminal justice system issues. The
13governor, supreme court, and the legislature, by December 31, 2017, are requested
14to jointly request that the Council of State Governments Justice Center provide
15technical assistance in conjunction with the state's existing justice system to
16examine areas including crime, arrests, prison admissions, length of confinement
17and supervision time, probation and postrelease supervision populations, recidivism
18rates, behavioral health, unemployment, incarceration resulting from revocation of
19community supervision, and modifying sentences based on risk. The technical
20assistance received shall be coordinated by the legislative council staff.”.
AB64-ASA1-AA7,39,21 2164. Page 1052, line 20: after that line insert:
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