Amendment AA1-AB386

AB386-AA1,22,19 (b) An employer that elects to not participate in the paid family and medical leave benefits insurance program under this section shall request an exemption from the department in writing, in the manner prescribed by the department. An exemption from participation is not effective until approved by the department in writing.

AB386-AA1,22,22 (c) The department may grant a written exemption from participation to an employer who complies with this subsection and all rules promulgated by the department under par. (g).

AB386-AA1,23,2 (d) The department may withdraw its written exemption order granted under par. (c) if the department determines that an employer is not providing paid family and medical leave benefits to employees that are at least identical to those provided under this section.

AB386-AA1,23,12 (e) If an employee believes that his or her employer that has an exemption under this subsection has violated the employee's right to paid family and medical leave benefits identical to those provided under this section, the employee may file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated this subsection, the department may order the employer to take action to remedy the violation, including providing the paid family and medical leave benefits, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the employee.

AB386-AA1,23,17 (f) After the completion of an administrative proceeding under par. (e), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of this subsection. Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB386-AA1,23,18 (g) The department shall promulgate rules to implement this subsection.

AB386-AA1,23,21 (7) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, the department shall do all of the following:

AB386-AA1,24,2 (a) At the time an individual files a claim for those benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual's benefit payments and may change that election not more than one time in an application year.

AB386-AA1,24,6 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual's benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual's election as provided under 26 USC 3402.

AB386-AA1,24,9 (c) Upon making a deduction under par. (b), transfer the amount deducted from the family and medical leave benefits insurance trust fund to the federal internal revenue service.

AB386-AA1,24,12 (d) In deducting and withholding federal income taxes from an individual's benefit payments, follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of federal income tax.

AB386-AA1,24,18 (8) Family and medical leave benefits insurance trust fund. (a) The department shall determine the amount of the required contribution by each employee, self-employed individual who elects coverage under sub. (2), and each employer. The required contribution shall be based on the employee's wages or the self-employed individual's earnings. The required contribution for an employee shall be equally shared between each employee and the employee's employer.

AB386-AA1,24,20 (b) Each employer shall withhold from the wages of its employees the amount determined by the department under this subsection.

AB386-AA1,25,2 (c) The department shall promulgate rules to establish procedures for filing wage reports and collecting the contributions withheld by employers and employer-required contributions under par. (a). The department may utilize the quarterly wage reports submitted under s. 108.205 in lieu of separate contribution reports and may utilize the procedures for collecting contributions that apply to the collection of contributions to the unemployment reserve fund under s. 108.17.

AB386-AA1,25,6 (cm) The department shall promulgate rules providing for a right to a hearing in cases involving the liability of employers for contributions under this subsection. The department's decisions shall be subject to the rights and procedures for contested cases under ch. 227.

AB386-AA1,25,8 (d) The department shall collect contributions from self-employed individuals pursuant to procedures established by the department under sub. (12) (b).

AB386-AA1,25,10 (e) The department shall deposit contributions received under this subsection in the family and medical leave benefits insurance trust fund.

AB386-AA1,25,15 (f) The department shall use moneys deposited in the family and medical leave benefits insurance trust fund to pay benefits under sub. (3), to refund amounts erroneously paid by employers, and to pay for the administration of the family and medical leave benefits insurance program under this section and for no other purpose.

AB386-AA1,25,22 (9) Denial of claims; overpayments. (a) The department shall 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 this section. The department's decisions shall be subject to the rights and procedures for contested cases under ch. 227. To the extent necessary and practical, the department may prescribe procedures in conjunction with any rules promulgated for administrative proceedings under ss. 103.10 (12) and 103.11 (12).

AB386-AA1,26,2 (b) 1. If the department pays family or medical leave insurance benefits to an individual erroneously or as a result of willful misrepresentation, the individual's liability to reimburse the fund for the overpayment may be set forth in a determination that is subject to review under par. (a). The department may prescribe procedures for waiver of overpayments.

AB386-AA1,26,7 2. To recover any overpayment to a covered individual that is not otherwise repaid or the recovery of which has not been waived, the department may recoup the amount of the overpayment by, in addition to its other remedies, deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive.

AB386-AA1,26,11 3. The department may establish other procedures for recovering overpayments and may utilize procedures under ch. 108, including the department's remedies for collecting overpayments under ss. 108.22 and 108.225, subject to rules promulgated by the department.

AB386-AA1,26,12 4. The department may not collect any interest on any benefit overpayment.

AB386-AA1,26,14 (10) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB386-AA1,26,19 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB386-AA1,26,23 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee's rights under this section. Any agreement purporting to waive or modify an employee's rights under this section is void as against public policy and unenforceable.

AB386-AA1,27,11 (11) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (10) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (10) (b) may, within 30 days after the violation occurs or the person should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated sub. (10) (a) to (c), the department may order the employer to take action to remedy the violation, including providing the requested family leave or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the complainant.

AB386-AA1,27,16 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB386-AA1,27,19 (12) Administration. The department shall administer the family and medical leave benefits insurance program under this section. In administering the program, the department shall do all of the following:

AB386-AA1,27,21 (a) Establish procedures and forms for the filing of claims for benefits under this section.

AB386-AA1,27,23 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

AB386-AA1,27,24 (c) Promulgate rules to implement this section.

AB386-AA1,28,3 (d) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

AB386-AA1,28,9 (e) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave benefits insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, and the balance in the family and medical leave benefits insurance trust fund under s. 25.52.

AB386-AA1,28,15 (13) Records. (a) The records made or maintained by the department in connection with the administration of this section are confidential and shall be open to public inspection or disclosure only to the extent that the department allows in the interest of the family and medical leave benefits insurance program. No person may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

AB386-AA1,28,21 (b) The department may provide records made or maintained by the department in connection with the administration of this section to any governmental unit, corresponding unit in the government of another state, or any unit of the federal government. No such unit may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

AB386-AA1,29,4 (c) Upon request of the department of revenue, the department may provide information, including social security numbers, concerning covered individuals to the department of revenue for the purpose of administering state taxes, identifying fraudulent tax returns, providing information for tax-related prosecutions, or locating persons or the assets of persons who have failed to file tax returns, who have underreported their taxable income, or who are delinquent debtors. The department of revenue shall adhere to the limitation on inspection and disclosure of the information under par. (b).

AB386-AA1,29,9 (14) Benefit amount adjustment. On April 1 of each year, the department may adjust the maximum weekly benefit payment to 90 percent of the state average weekly earnings, which becomes effective on October 1 of that year. The department shall annually have the adjusted amount of the maximum weekly benefit payment published in the Wisconsin Administrative Register.

AB386-AA1,29,14 (15) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section and any adjustment to benefits as provided in sub. (14). Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB386-AA1,77 Section 77. 106.29 of the statutes is created to read:

AB386-AA1,29,21 106.29 Health care workforce innovation grant program. (1) Health care workforce innovation grants. The department shall, from the appropriation under s. 20.445 (1) (bw), 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.

AB386-AA1,29,25 (2) Implementation. (a) Duties. To implement this section, the department shall receive and review applications for grants under sub. (1) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1).

AB386-AA1,30,3 (b) Powers. In addition to the duties described in par. (a), the department shall have all other powers necessary and convenient to implement this section, including the power to audit and inspect the records of grant recipients.

AB386-AA1,78 Section 78. 106.295 of the statutes is created to read:

AB386-AA1,30,12 106.295 Health care workforce opportunity grants. The department shall, from the appropriation under s. 20.445 (1) (bx), establish and operate a program to provide grants to local workforce development boards established under 29 USC 3122 to assist individuals whose employment status was negatively affected by the COVID-19 pandemic and whose employment status has not improved. The department shall target 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, 29 USC 3101 to 3361.

AB386-AA1,79 Section 79 . 111.322 (2m) (a) of the statutes is amended to read:

AB386-AA1,30,17 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB386-AA1,80 Section 80 . 111.322 (2m) (b) of the statutes is amended to read:

AB386-AA1,30,22 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB386-AA1,81 Section 81. 115.41 of the statutes is renumbered 115.41 (1).

AB386-AA1,82 Section 82. 115.41 (2) of the statutes is created to read:

AB386-AA1,31,5 115.41 (2) From the appropriation under s. 20.255 (3) (ci), beginning in the 2024-25 school year, the department shall provide payments, in the amount of $9,600 per individual per semester, to prospective teachers who are participating in the program under sub. (1). The department may promulgate rules to implement this subsection.

AB386-AA1,83 Section 83. 115.421 of the statutes is created to read:

AB386-AA1,31,12 115.421 Student teacher stipends. From the appropriation under s. 20.255 (3) (cs), beginning in the 2024-25 school year, the department shall provide payments, in the amount of $2,500 per individual per semester, to an individual who is completing student teaching as part of a teacher preparatory program approved by the state superintendent under s. 115.28 (7) (a). The department may promulgate rules to implement this section.

AB386-AA1,84 Section 84. 115.422 of the statutes is created to read:

AB386-AA1,31,21 115.422 Grow your own programs; teacher pipeline capacity building. (1) In this section, “grow your own program” means a program to encourage individuals to pursue a career in teaching or to facilitate teacher licensure. “Grow your own program” includes 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.

AB386-AA1,31,25 (2) Beginning in the 2024-25 school year, from the appropriation under s. 20.255 (2) (ch), the department shall award grants to a school district or the operator of a charter school under s. 118.40 (2r) or (2x) to reimburse the school district or charter school for costs associated with grow your own programs.

AB386-AA1,32,2 (3) The department shall promulgate rules to implement and administer this section, including criteria for awarding a grant.

AB386-AA1,85 Section 85. 115.424 of the statutes is created to read:

AB386-AA1,32,8 115.424 Cooperating teacher stipends. From the appropriation under s. 20.255 (3) (ct), beginning in the 2024-25 school year, the department shall provide payments, in the amount of $1,000 per teacher per semester, to a cooperating teacher who is overseeing an individual who is completing student teaching. The department may promulgate rules to implement this section.

AB386-AA1,86 Section 86. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12, is amended to read:

AB386-AA1,32,23 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.422, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB386-AA1,87 Section 87. 146.618 of the statutes is amended to read:

AB386-AA1,33,5 146.618 Treatment program grants. From s. 20.435 (5) (bg) or any available federal moneys, the department shall distribute a total of $750,000 in grants in each fiscal year to support treatment programs. Grant recipients shall use moneys awarded under this section for supervision, training, and resources, including salaries, benefits, and other related costs.

AB386-AA1,88 Section 88. 146.64 (2) (c) 1. of the statutes is amended to read:

AB386-AA1,33,12 146.64 (2) (c) 1. The department shall distribute funds for grants under par. (a) from the appropriation under s. 20.435 (4) (bf). The department may not distribute more than $225,000 $450,000 from the appropriation under s. 20.435 (4) (bf) to a particular hospital in a given state fiscal year and may not distribute more than $75,000 $150,000 from the appropriation under s. 20.435 (4) (bf) to fund a given position in a graduate medical training program in a given state fiscal year.

AB386-AA1,89 Section 89. 165.68 (1) (a) 3. of the statutes is amended to read:

AB386-AA1,33,14 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB386-AA1,90 Section 90. 230.12 (9m) of the statutes is created to read:

AB386-AA1,33,16 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

AB386-AA1,33,18 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 7.

AB386-AA1,33,23 2. “Medical leave” means leave from employment when an employee has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment, or because the employee is in medical isolation, as defined in s. 103.10 (1) (em).

AB386-AA1,33,24 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

AB386-AA1,34,8 (b) Program. The administrator shall develop and recommend to the joint committee on employment relations a program, administered by the division, that provides paid family and medical leave for 12 weeks per year to employees whose compensation is established under this section or s. 20.923 (2) or (3) but does not include employees of the Board of Regents of the University of Wisconsin System. The approval process for the program is the same as that provided under sub. (3) (b), and, if approved, the program shall be incorporated into the compensation plan under sub. (1).

AB386-AA1,34,10 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

AB386-AA1,91 Section 91. 323.19 (3) and (4) of the statutes are repealed.

AB386-AA1,92 Section 92 . 2023 Wisconsin Act 19, section 9104 (1) (i) 3. em. and 4m. a. are created to read:

AB386-AA1,34,14 [2023 Wisconsin Act 19] Section 9104 (1) - See PDF for table

AB386-AA1,93 Section 93 . Nonstatutory provisions.

AB386-AA1,35,3 (1) In the 2023-25 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Section 92 of this act.

AB386-AA1,35,9 (2) Positions for administration of family and medical leave benefits insurance program. The authorized FTE positions for the department of workforce development are increased by 45.0 SEG positions in fiscal year 2023-24 and by 198.0 SEG positions in fiscal year 2024-25, to be funded from the appropriation under s. 20.445 (6) (r), for the purpose of administering the family and medical leave benefits insurance program.

AB386-AA1,35,14 (3) Proposed permanent rules. The department of workforce development shall submit in proposed form the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the legislative council staff under s. 227.15 (1) no later than the first day of the 4th month beginning after the effective date of this subsection.

AB386-AA1,35,15 (4) Rule-making exceptions for permanent rules.

AB386-AA1,36,2 (a) Notwithstanding s. 227.135 (2), the department of workforce development is not required to present the statement of the scope of the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the department of administration for review by the department of administration and approval by the governor.

AB386-AA1,36,5 (b) Notwithstanding s. 227.185, the department of workforce development is not required to present the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) in final draft form to the governor for approval.

AB386-AA1,36,8 (c) Notwithstanding s. 227.137 (2), the department of workforce development is not required to prepare an economic impact analysis for the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c).

AB386-AA1,36,13 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of workforce development is not required to submit the proposed rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB386-AA1,36,25 (5) Emergency rules. Using the procedure under s. 227.24, the department of workforce development shall promulgate the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) for the period before the effective date of the permanent rules promulgated under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

AB386-AA1,37,4 (6) Paid family and medical leave. If the paid family and medical leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect immediately upon approval by the joint committee on employment relations.