LRB-4086/1
ALL:all
September 2023 Special Session
2023 - 2024 LEGISLATURE
September 21, 2023 - Introduced by
Committee on Senate Organization. Referred
to Committee on Economic Development and Technical Colleges.
SB1,2,7
1An Act to repeal 40.26 (1m), 40.26 (5m), 40.26 (6), 49.155 (6) (e) 2., 103.10 (1)
2(a) 1., 103.10 (1) (a) 2., 103.10 (3) (a), 103.10 (4) (b), 103.10 (14) (b) and 323.19
3(3) and (4);
to renumber 103.10 (1m) (b) 1., 103.10 (1m) (b) 6., 103.10 (1m) (b)
47., 103.10 (14) (a) and 115.41;
to renumber and amend 18.08 (7) (a) and
5103.10 (1) (a) (intro.);
to amend 18.08 (2), 20.255 (1) (hg), 20.435 (4) (bm),
620.867 (3) (x), 40.22 (1), 40.22 (2) (L), 40.22 (2m) (intro.), 40.22 (2r) (intro.), 40.22
7(3) (intro.), 40.26 (1), 40.26 (2) (intro.), 40.26 (5) (intro.), 49.155 (6) (e) 3. (intro.),
849.175 (1) (q), 49.175 (1) (qm), 103.10 (1) (b), 103.10 (2) (c), 103.10 (3) (b) 3.,
9103.10 (4) (a), 103.10 (6) (b) (intro.), 103.10 (6) (b) 1., 103.10 (7) (a), 103.10 (7)
10(b) (intro.), 103.10 (7) (b) 1., 103.10 (10), 103.10 (12) (b), 103.10 (12) (c), 111.322
11(2m) (a), 111.322 (2m) (b), 119.04 (1), 146.618, 146.64 (2) (c) 1. and 165.68 (1) (a)
123.;
to create 20.255 (2) (ch), 20.255 (3) (ci), 20.255 (3) (cL), 20.255 (3) (cs), 20.255
13(3) (ct), 20.437 (2) (c), 20.437 (2) (d), 20.445 (1) (bw), 20.445 (1) (bx), 20.445 (6),
1425.17 (1) (er), 25.52, 43.05 (12m), 46.48 (22), 49.132, 49.133, 103.10 (1) (ap),
1103.10 (1) (dm), 103.10 (1) (dp), 103.10 (1) (em), 103.10 (1) (gm), 103.10 (3) (b)
24., 103.10 (3) (b) 5., 103.10 (3) (b) 6., 103.10 (3) (b) 7., 103.10 (4m), 103.10 (6) (c),
3103.10 (7) (cm), 103.10 (7) (d), 103.10 (7) (e), 103.10 (7) (f), 103.10 (7) (g),
4103.105, 106.29, 106.295, 115.41 (2), 115.421, 115.422, 115.424 and 230.12 (9m)
5of the statutes; and
to affect 2023 Wisconsin Act 19, section
9104 (1) (i) 3. em.
6and 4m. a.;
relating to: fall workforce package, granting rule-making
7authority, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Payments to child care programs
This bill authorizes the Department of Children and Families to establish a
program for making monthly payments and monthly per-child payments to certified
child care providers, licensed child care centers, and child care programs established
or contracted for by a school board. This new payment program is in addition to the
current law system for providing child care payments under Wisconsin Shares. The
bill allows DCF to promulgate rules to implement the program, including
establishing eligibility requirements and payment amounts and setting
requirements for how recipients may use the payments. The bill funds the program
through a new appropriation and by allocating federal moneys, including child care
development funds and moneys received under the Temporary Assistance for Needy
Families block grant program.
Child care partnership grant program
This bill authorizes DCF to establish a grant program to award funding to
businesses that provide or wish to provide child care services for their employees.
The bill allows such a grant to be used to reserve child care placements for local
business employees, pay child care tuition, and other costs related to child care.
Under the bill, a grant recipient must provide at least 25 percent matching funds.
The bill allows DCF to promulgate rules to administer the grant program, including
to determine eligibility for a grant.
Family and medical leave expansion
Under the current family and medical leave law, an employer that employs at
least 50 individuals on a permanent basis must permit an employee who has been
employed by the employer for more than 52 consecutive weeks and who has worked
for the employer for at least 1,000 hours during the preceding 52 weeks to take family
leave to care for the employee's child, spouse, domestic partner, or parent who has
a serious health condition. Employers covered under the law must also permit an
employee covered under the law to take up to two weeks of medical leave in a
12-month period when that employee has a serious health condition. An employee
may file a complaint with the Department of Workforce Development regarding an
alleged violation of the family and medical leave law within 30 days after either the
violation occurs or the employee should reasonably have known that the violation
occurred, whichever is later.
This bill makes the following changes to the family and medical leave law:
1. Requires employers covered under the law to permit employees covered
under the law to take family leave to provide for a grandparent, grandchild, or sibling
who has a serious health condition.
2. Decreases the number of hours an employee is required to work before
qualifying for family and medical leave to 680 hours during the preceding 52 weeks.
3. Increases the amount of weeks an employee is able to take in family and
medical leave for any eligible reason to 12 weeks.
4. Extends the time period in which an employee may file a complaint with
DWD to 300 days after either the violation occurs or the employee should reasonably
have known that the violation occurred, whichever is later.
5. Removes the age restriction from the definition of “child” for various
purposes under the family and medical leave law.
6. Requires employers to permit employees to take family leave in the instance
of an unforeseen or unexpected gap in child care for an employee's child, grandchild,
or sibling or because of a qualifying exigency as to be determined by DWD related
to covered active duty, as defined in the bill, or notification of an impending call or
order to covered active duty of an employee's child, spouse, domestic partner, parent,
grandparent, grandchild, or sibling who is a member of the U.S. armed forces.
7. Requires employers to permit employees to take family leave to address
issues related to the employee or the employee's child, spouse, domestic partner,
parent, grandparent, grandchild, or sibling being the victim of domestic abuse,
sexual abuse, or stalking.
8. Requires employers to permit employees to take family leave to care for a
child, spouse, domestic partner, parent, grandparent, grandchild, or sibling of an
employee who is in medical isolation and requires employers to permit employees to
take medical leave when an employee is in medical isolation. The bill defines
“medical isolation” to include when a local health officer or the Department of Health
Services advises that an individual isolate or quarantine; when a health care
professional, a local health officer, or DHS advises that an individual seclude herself
or himself when awaiting the results of a diagnostic test for a communicable disease
or when the individual is infected with a communicable disease; and when an
individual's employer advises that the individual not come to the workplace due to
a concern that the individual may have been exposed to or infected with a
communicable disease.
Family and medical leave benefits insurance program
This bill creates a family and medical leave benefits insurance program, to be
administered by DWD, under which a covered individual who is on certain family or
medical leave is eligible, beginning on January 1, 2025, to receive up to 12 weeks of
family or medical leave insurance benefits as specified in the bill from the family and
medical leave benefits insurance trust fund created under the bill. For purposes of
the bill, the following definitions apply:
1. A “covered individual" is an individual who worked for the same employer
for at least 680 hours in the calendar year prior to the year in which the covered
individual claims family or medical leave insurance benefits (application year) or a
self-employed individual or employee of a small employer who elects coverage under
the program.
2. “Family leave" means leave from employment, self-employment, or
availability for employment for the birth or adoptive placement of a new child; to care
for a family member who has a serious health condition or is in medical isolation; for
covered active duty; or to address issues related to being the victim of domestic abuse,
sexual abuse, or stalking.
3. “Medical leave" means leave from employment, self-employment, or
availability for employment when a covered individual is in medical isolation or has
a serious health condition that makes the employee unable to perform his or her
employment duties.
Under the bill, the amount of family or medical leave insurance benefits for a
week for which those benefits are payable is as follows:
1. For the amount of the covered individual's average weekly earnings that are
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.
2. For the amount of the covered individual's average weekly earnings that are
more than 50 percent of the state annual median wage in the calendar year before
the individual's application year, 50 percent of that individual's average weekly
earnings.
Beginning on January 1, 2025, the bill requires each individual employed in
this state by an employer that regularly employs at least 50 individuals, including
an individual employed by the state, and any self-employed individual or employee
of a small employer who elects coverage under the family and medical leave benefits
insurance program to contribute to the trust fund a percentage of his or her wages
from employment or income from self-employment. Under the bill, each employer
must contribute the same amount as an employee. The bill requires DWD to collect
those contributions in the same manner as DWD collects contributions to the
unemployment reserve fund under current law.
The bill provides that an employer that provides paid family and medical leave
benefits that are identical to or more generous than those provided under the
program may request an exemption from participation in the program. The bill
requires DWD to promulgate rules to provide exemptions from participation in the
program.
The bill further does the following:
1. Requires DWD to promulgate rules providing for a right to a hearing in cases
of disputes involving an individual's eligibility for benefits or status as a covered
individual under the program.
2. Requires DWD to promulgate rules providing for a right to a hearing in cases
involving the liability of employers for contributions under the program.
3. Allows DWD to seek repayment of family or medical leave insurance benefits
that are paid erroneously or as a result of willful misrepresentation. The bill allows
DWD to establish other procedures for recovering overpayments and allows DWD to
utilize procedures under the unemployment insurance law.
Paid family and medical leave
This bill requires the administrator of the Division of Personnel Management
in the Department of Administration to develop a program for paid family and
medical leave of 12 weeks annually for most state employees. The bill requires the
administrator to submit the plan for approval as a change to the state compensation
plan to the Joint Committee on Employment Relations. If JCOER approves the plan,
the plan becomes effective immediately.
The bill also requires the Board of Regents of the University of Wisconsin
System to develop a plan for a program for paid family and medical leave of 12 weeks
annually for employees of the system and requires the board to submit the plan to
the administrator of the Division of Personnel Management in DOA with its
compensation plan changes for the 2023-25 biennium.
UW–Madison engineering building
This bill amends the 2023-25 Authorized State Building Program to add one
project for the University of Wisconsin–Madison. The project involves the demolition
of an engineering facility and construction of a replacement engineering building at
UW–Madison. The bill transfers $197,336,000 from the general fund to the capital
improvement fund for purposes of the project.
Moneys transferred to capital improvement fund
2023 Wisconsin Act 19 transferred moneys from the general fund to the capital
improvement fund to fund projects in the 2023-25 Authorized State Building
Program. This bill specifies that those moneys may be used for those projects.
Current law generally provides that the capital improvement fund may be used only
for purposes of public debt.
2023 Wisconsin Act 19 also provided the following:
1. That excess moneys transferred to the capital improvement fund under the
act not used to fund projects authorized in the 2023-25 Authorized State Building
Program must be transferred back to the general fund.
2. That moneys transferred to the capital improvement fund under the act, not
to exceed $20,000,000, may be used to offset building program project budget cost
overruns caused by inflation.
This bill provides that all moneys transferred to the capital improvement fund
under the act not specified under item 1 above, or are not used to offset cost
adjustments with respect to any building project authorized in the 2023-25
Authorized State Building Program, must be transferred back to the general fund.
Funding for the UW System
This bill provides additional funding for the UW System under its general
program operations appropriation.
Wisconsin grant program
Under current law, the Wisconsin grant program, administered by the Higher
Educational Aids Board, provides grants to postsecondary resident students
enrolled at least half time and registered as freshmen, sophomores, juniors, or
seniors in UW System, technical college, private, and tribal postsecondary
institutions.
The bill increases HEAB's biennial appropriation for Wisconsin grants in the
2023-25 fiscal biennium by various amounts for UW System students, technical
college students, students enrolled in a private, nonprofit institution of higher
education in this state, and tribal college students.
Nurse educator program funding
Under current law, HEAB administers a nurse educator program that provides
1) fellowships to students who enroll in certain postgraduate nursing degree
programs at institutions of higher education; 2) postdoctoral fellowships to recruit
faculty for nursing programs at institutions of higher education; and 3) educational
loan repayment assistance to recruit and retain faculty for nursing programs in
institutions of higher education.
This bill increases HEAB's biennial appropriation for the nurse educator
program by $5,000,000 in each year of the 2023-25 fiscal biennium.
Funding for the Technical College System
This bill provides additional funding for the Technical College System for state
aid for technical colleges.
WRS annuitants returning to work
Under current law, if a Wisconsin Retirement System annuitant, or a disability
annuitant who has attained his or her normal retirement date, is appointed to a
position with a WRS-participating employer or provides employee services to a
WRS-participating employer in which he or she is expected to work at least
two-thirds of what is considered full-time employment by the Department of
Employee Trust Funds, the annuity must be suspended and no annuity payment is
payable until after the participant again terminates covered employment.
This bill removes the requirement that an annuitant suspend his or her annuity
and instead allows an annuitant to elect to suspend the annuity and again become
a participating employee or elect to not suspend his or her annuity and not become
a participating employee. In other words, the bill allows an annuitant who returns
to work for a participating employer but elects not to become a participating
employee for purposes of the WRS to continue to receive his or her annuity.
Under current law, a WRS participant who has applied to receive a retirement
annuity must wait at least 75 days between terminating covered employment with
a WRS employer and returning to covered employment again as a participating
employee. The bill reduces that period to 30 days.
Health care workforce innovation grants
This bill requires DWD to establish and operate a program to provide grants
to regional organizations to design and implement plans to address their region's
health care-related workforce challenges that arose during or were exacerbated by
the COVID-19 pandemic.
Funding for the WisCaregiver Careers program
This bill increases by $6,000,000 in fiscal year 2024-25 the amount
appropriated to DHS to provide funding for the WisCaregiver Careers program. The
WisCaregiver Careers program is a workforce development program that provides
free nurse aide training and evaluation, as well as retention bonuses for individuals
who have been employed as nurse aides in a nursing home for at least six months.
Treatment program grants
Under current law, DHS is required to distribute a total of $750,000 in grants
in each fiscal year to support treatment programs. Grant recipients are required to
use the grant money for supervision, training, and resources, including salaries,
benefits, and other related costs. This bill removes the requirement that DHS
distribute a total of $750,000 in each fiscal year and provides $1,576,600 in fiscal year
2024-25 for grants to support treatment programs.
Graduate medical education grants
This bill increases the maximum amounts that DHS may award each fiscal year
in grants to hospitals to support existing graduate medical training programs.
Under current law, DHS may not distribute more than $225,000 to a particular
hospital or more than $75,000 to fund an individual position in an existing graduate
medical training program during a given fiscal year. The bill increases those limits
to $450,000 and $150,000 per fiscal year, respectively.
Health care workforce opportunity grants
This bill requires DWD to establish and operate a program to provide grants
to local workforce development boards to assist individuals whose employment was
affected by the COVID-19 pandemic and whose employment outcomes have not
improved since then. The department must target the program to individuals
employed or seeking employment in health care-related fields and individuals who
are currently ineligible for services under the federal Workforce Innovation and
Opportunity Act.
Grants to encourage teaching careers
The bill creates a new grant program administered by the Department of Public
Instruction and available to school districts and operators of independent charter
schools to reimburse the cost of “Grow Your Own” programs. Under the bill, Grow
Your Own programs include high school clubs that encourage careers in teaching,
payment of costs associated with current staff acquiring education needed for
licensure, support for career pathways using dual enrollment, support for
partnerships focused on attracting or developing new teachers, or incentives for
paraprofessionals to gain licensure. The bill appropriates $5,000,000 in fiscal year
2024-25 for this purpose.
Teacher improvement program
Under current law, DPI operates a teacher improvement program to provide
prospective teachers with one-semester internships under the supervision of
licensed teachers, in-service activities, and professional staff development research
projects.