Date of enactment: December 12, 1997
1997 Senate Bill 327 Date of publication*: December 30, 1997
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 39
An Act to repeal 106.21 (9) (d), 106.215 (10) (d), 108.02 (15) (gm) and 108.05 (1) (f) and (g); to renumber 108.05 (3) (b) 2.; to renumber and amend 108.09 (2) (c) and 108.09 (4) (f) 2.; to amend 6.10 (9), 15.227 (3), 16.48 (1) (a) (intro.), 16.48 (1) (a) 1., 2. and 6. and (b), 16.48 (2) and (3), 19.85 (1) (ee), 20.445 (1) (gd), 20.445 (1) (gd), 20.445 (1) (gd), 20.445 (1) (gf), 20.445 (1) (n), 40.02 (22) (b) 3., 40.65 (5) (b) 2., 45.71 (9) (a), 46.27 (5) (i), 47.035 (1), 49.19 (4) (dm) 4., 59.40 (2) (e), 59.57 (2) (b), 66.30 (6) (c) 1., 66.30 (6) (h), 66.521 (1) (a), 71.05 (6) (a) 12., 71.52 (6), 71.67 (7) (title), 71.67 (7) (a), 71.67 (7) (b) 2., 71.80 (16) (a), 71.80 (16) (a), 71.80 (16) (b), 101.654 (2) (c), 102.28 (7) (b), 106.11 (2) (a) 1. b., chapter 108 (title), 108.01 (1), 108.02 (4m) (a), 108.02 (12) (b) (intro.), 108.02 (12) (c) (intro.), 108.02 (15) (c) 1., 108.02 (15) (dm) 1., 108.02 (15) (e), 108.02 (15) (i) 2., 108.02 (15) (k) 5., 108.02 (15) (k) 9., 108.02 (15) (k) 10., 108.02 (15) (k) 14., 108.02 (15) (k) 19. b., 108.02 (21) (a) 2., 108.02 (21) (b), 108.04 (4) (a), 108.04 (4) (c), 108.04 (5), 108.04 (7) (a), 108.04 (7) (e), 108.04 (7) (L) (intro.), 108.04 (7) (p), 108.04 (8) (a), 108.04 (8) (c), 108.04 (8) (d), 108.04 (12) (c), 108.04 (12) (d), 108.05 (1) (h) (intro.), 108.05 (2) (c), 108.05 (3) (a), 108.05 (3) (b) 1. a. and b., 108.06 (2) (d), 108.06 (5) (a), 108.065 (1), 108.07 (3m), 108.07 (5m), 108.09 (4) (f) 3., 108.09 (6) (c), 108.13 (2), 108.13 (4) (a) 4., 108.13 (4) (b), 108.13 (4) (c) (intro.), 108.13 (4) (e), 108.13 (4) (f), 108.135 (1) (intro.), 108.135 (1) (a), 108.14 (5) (a), 108.14 (5) (ag), 108.14 (5) (ar), 108.14 (6), 108.14 (7) (a), 108.14 (8) (a), 108.14 (8m) (a), 108.14 (8n) (a), 108.14 (8n) (b), 108.14 (8s) (a), 108.14 (8s) (b), 108.14 (8t), 108.14 (9), 108.14 (13), 108.14 (14), 108.141 (1) (b) 3., 108.141 (1) (h), 108.141 (3g) (a) 1., 108.141 (3g) (a) 2., 108.141 (3g) (a) 3. a., 108.141 (3g) (a) 3. b., 108.141 (3g) (a) 3. d., 108.141 (3g) (c), 108.141 (3g) (d), 108.141 (3g) (e), 108.142 (1) (h) 3., 108.142 (1) (i), 108.16 (5) (b), 108.16 (7m), 108.161 (3), 108.162 (1), 108.162 (3), 108.18 (3m) (b), 108.18 (3m) (c), 108.18 (7) (a) 1. and (h), 108.18 (9) (intro.), 108.19 (3), 108.19 (4), 108.20 (2m), 108.20 (2m), 108.205 (1), 108.21 (1), 108.22 (9), 109.01 (3), 116.03 (4), 175.46 (5) (a), 230.26 (4), 303.08 (3), 303.08 (4), 303.08 (5) (intro.), 560.71 (1) (e) 4. c., 560.797 (2) (a) 4. c., 779.14 (1m) (a), 779.15 (1), 815.18 (13) (j), 859.02 (2) (a) and 949.06 (3) (b); and to create 20.445 (1) (gg), 20.445 (1) (gh), 20.445 (1) (nb), 108.02 (4m) (g), 108.02 (18m), 108.02 (25e), 108.05 (1) (i) and (j), 108.05 (3) (b) 1. c., 108.05 (3) (b) 2., 108.09 (2) (c) 1. and 2., 108.09 (2) (cm), 108.09 (4) (f) 2. b., 108.14 (18), 108.18 (3m) (d), 108.18 (4) (figure) Schedule D, 108.18 (9) (figure) Schedule D, 108.18 (9c) and 108.19 (1e) of the statutes; relating to: various changes in the unemployment compensation law and related provisions, granting rule-making authority and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
39,1 Section 1. 6.10 (9) of the statutes is amended to read:
6.10 (9) No person loses the right to vote at the person's place of residence while receiving public assistance or unemployment compensation insurance even if the legal settlement for assistance is elsewhere.
39,2 Section 2. 15.227 (3) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:
15.227 (3) (title) Council on unemployment compensation insurance. There is created in the department of workforce development a council on unemployment compensation insurance appointed by the secretary of workforce development to consist of 5 representatives of employers and 5 representatives of employes appointed to serve for 6-year terms and a permanent classified employe of the department of workforce development who shall serve as nonvoting chairperson. In making appointments to the council, the secretary shall give due consideration to achieving balanced representation of the industrial, commercial, construction, nonprofit and public sectors of the state's economy. One of the employer representatives shall be an owner of a small business or a representative of an association primarily composed of small businesses. In this subsection, "small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,000,000 in gross annual sales for each of the previous 2 calendar years or has 25 or fewer employes. A member vacates his or her office if the member loses the status upon which his or her appointment is based.
39,3 Section 3. 16.48 (1) (a) (intro.) of the statutes is amended to read:
16.48 (1) (a) (intro.) A statement of unemployment compensation insurance financial outlook, which shall contain the following, together with the secretary's recommendations and an explanation for such recommendations:
39,4 Section 4. 16.48 (1) (a) 1., 2. and 6. and (b) of the statutes are amended to read:
16.48 (1) (a) 1. Projections of unemployment compensation insurance operations under current law through at least the 2nd year following the close of the biennium, including benefit payments, tax collections, borrowing or debt repayments and amounts of interest charges, if any.
2. Specific proposed changes in the laws relating to unemployment compensation insurance financing, benefits and administration.
6. If unemployment compensation insurance program debt is projected at the end of the forecast period, the reasons why it is not proposed to liquidate the debt.
(b) A report summarizing the deliberations of the council on unemployment compensation insurance and the position of the council, if any, concerning each proposed change in the unemployment compensation insurance laws submitted under par. (a).
39,5 Section 5. 16.48 (2) and (3) of the statutes, as affected by 1997 Wisconsin Act 3, are amended to read:
16.48 (2) Upon receipt of the statement and report under sub. (1), the governor may convene a special committee consisting of the secretary of workforce development and the legislative leaders specified in sub. (1) to review the statement and report. Upon request of 2 or more of the legislative leaders specified in sub. (1), the governor shall convene such a committee. The committee shall attempt to reach a consensus concerning proposed changes to the unemployment compensation insurance laws and shall submit its recommendations to the governor and legislature concurrently with the statement furnished under sub. (3).
(3) On or about February 15 of each odd-numbered year, the secretary of workforce development, under the direction of the governor, shall submit to each member of the legislature an updated statement of unemployment compensation insurance financial outlook which shall contain the information specified in sub. (1) (a), together with the governor's recommendations and an explanation for such recommendations, and a copy of the report required under sub. (1) (b).
39,6 Section 6. 19.85 (1) (ee) of the statutes is amended to read:
19.85 (1) (ee) Deliberating by the council on unemployment compensation insurance in a meeting at which all employer members of the council or all employe members of the council are excluded.
39,7 Section 7. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
39,8 Section 8 . 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Act 27, section 612, is amended to read:
20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22 and assessments under s. 108.19 (1m), all moneys not appropriated under pars. (ge) and, (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m) and, for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20, and for the payment of career counseling center grants under s. 106.14.
39,9 Section 9 . 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Act 27, section 612m, is amended to read:
20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all moneys not appropriated under par. (ge) and, (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m) and, for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20, and for payment of career counseling center grants under s. 106.14.
39,10 Section 10 . 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Act 27, section 613, is amended to read:
20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all moneys not appropriated under par. (ge) and, (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m) and, for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.
39,11 Section 11. 20.445 (1) (gf) of the statutes is amended to read:
20.445 (1) (gf) Employment security administration. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (13) (c) and 108.22, the amounts in the schedule for the administration of employment service programs and unemployment compensation insurance programs under ch. 108 and s. 106.09 and federal or state unemployment compensation insurance programs authorized by the governor under s. 16.54; and for payments to satisfy any federal audit exception concerning a payment from the unemployment reserve fund or any federal aid disallowance involving the unemployment compensation insurance program.
39,12 Section 12. 20.445 (1) (gg) of the statutes is created to read:
20.445 (1) (gg) Unemployment information technology systems; interest and penalties. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (13) (c) and 108.22, as a continuing appropriation, the amounts in the schedule for the purpose specified in s. 108.19 (1e).
39,13 Section 13. 20.445 (1) (gh) of the statutes is created to read:
20.445 (1) (gh) Unemployment information technology systems; assessments. All moneys received from assessments levied under s. 108.19 (1e) and 1997 Wisconsin Act .... (this act), section 164 (2), for the purpose specified in s. 108.19 (1e). The treasurer of the unemployment reserve fund may transfer moneys from this appropriation account to the appropriation account under par. (gd).
39,14 Section 14. 20.445 (1) (n) of the statutes is amended to read:
20.445 (1) (n) Unemployment administration; federal moneys. All federal moneys received for the employment service under s. 106.09 (4) to (6) or, for the administration of unemployment compensation under ch. 108, and any federal moneys paid to the department insurance or for the performance of its the department's functions under ch. 108, and for its conduct of public employment offices consistent with s. 106.09 (4) to (6), and for its other efforts to regularize employment;, to pay the compensation and expenses of appeal tribunals and of councils; and to pay allowances stimulating education during unemployment, to be used for such purposes, and to transfer to par. (nb) an amount determined by the treasurer of the unemployment reserve fund not exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule under par. (nb).
39,15 Section 15. 20.445 (1) (nb) of the statutes is created to read:
20.445 (1) (nb) Unemployment information technology systems; federal moneys. The amounts in the schedule, as authorized by the governor for this purpose under s. 16.54, for the purpose specified in s. 108.19 (1e). All moneys transferred from par. (n) for this purpose shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the treasurer of the unemployment reserve fund shall transfer any unencumbered balance in this appropriation account that is not needed or available to carry out the purpose of this appropriation to the appropriation account under par. (n). No moneys may be expended from this appropriation unless the treasurer of the unemployment reserve fund determines that such expenditure is currently needed for the purpose specified in s. 108.19 (1e). No moneys may be encumbered from this appropriation account after the beginning of the 3rd 12-month period beginning after the effective date of this paragraph .... [revisor inserts date].
39,16 Section 16. 40.02 (22) (b) 3. of the statutes is amended to read:
40.02 (22) (b) 3. Unemployment compensation insurance benefits.
39,17 Section 17. 40.65 (5) (b) 2. of the statutes is amended to read:
40.65 (5) (b) 2. Any unemployment compensation insurance benefit payable to the participant because of his or her work record.
39,18 Section 18. 45.71 (9) (a) of the statutes is amended to read:
45.71 (9) (a) Part-time or overtime pay, unemployment compensation insurance and income of the veteran's spouse are considered income only if the department or authorized lender deems such sources of income to be regular and dependable.
39,19 Section 19. 46.27 (5) (i) of the statutes is amended to read:
46.27 (5) (i) In the instances in which an individual who is provided long-term community support services under par. (b) for which the individual receives direct funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment compensation insurance law. The county department or aging unit may elect to act as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual who is provided long-term support services under s. 46.275, 46.277, 46.278, 46.495, 51.42 or 51.437. The fiscal agent under this paragraph is responsible for remitting any federal unemployment compensation taxes or state unemployment compensation insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual. An individual may make an informed, knowing and voluntary election to waive the right to a fiscal agent. The waiver may be as to all or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part at any time.
39,20 Section 20. 47.035 (1) of the statutes is amended to read:
47.035 (1) Except as authorized in sub. (2) if an individual receives direct funding for personal assistance services that are provided to the individual under s. 47.02 (4) (c), and the services are provided through a county department of human services or social services or an aging unit, the county department or aging unit through which the services are provided shall serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment compensation insurance law. The fiscal agent under this subsection is responsible for remitting any federal unemployment compensation taxes or state unemployment compensation insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual.
39,21 Section 21. 49.19 (4) (dm) 4. of the statutes is amended to read:
49.19 (4) (dm) 4. Qualifies for unemployment compensation insurance but refuses to apply for or accept unemployment compensation insurance; or
39,22 Section 22. 59.40 (2) (e) of the statutes is amended to read:
59.40 (2) (e) Keep a judgment and lien docket of all money judgments of the court, transcripts from judgment and lien dockets of other Wisconsin courts and of federal courts, warrants for unemployment compensation insurance and warrants for delinquent Wisconsin income or franchise taxes.
39,23 Section 23. 59.57 (2) (b) of the statutes is amended to read:
59.57 (2) (b) Findings. It is found and declared that industries located in this state have been induced to move their operations in whole or in part to, or to expand their operations in, other states to the detriment of state, county and municipal revenue arising through the loss or reduction of income and franchise taxes, real estate and other local taxes, and thereby causing an increase in unemployment; that such conditions now exist in certain areas of the state and may well arise in other areas; that economic insecurity due to unemployment is a serious menace to the general welfare of not only the people of the affected areas but of the people of the entire state; that such unemployment results in obligations to grant public assistance and in the payment of unemployment compensation insurance; that the absence of new economic opportunities has caused workers and their families to migrate elsewhere to find work and establish homes, which has resulted in a reduction of the tax base of counties, cities and other local governmental jurisdictions impairing their financial ability to support education and other local governmental services; that security against unemployment and the preservation and enhancement of the tax base can best be provided by the promotion, attraction, stimulation, rehabilitation and revitalization of commerce, industry and manufacturing; that there is a need to stimulate a larger flow of private investment funds from banks, investment houses, insurers and other financial institutions; that means are necessary under which counties so desiring may create instrumentalities to promote industrial development and such purpose requires and deserves support from counties as a means of preserving the tax base and preventing unemployment. It is therefore declared to be the policy of this state to promote the right to gainful employment, business opportunities and general welfare of the inhabitants thereof and to preserve and enhance the tax base in counties and municipalities by the creation of bodies, corporate and politic, which shall exist and operate for the purpose of fulfilling the aims of this subsection and such purposes are hereby declared to be public purposes for which public money may be spent and the necessity in the public interest for the provisions herein enacted is declared a matter of legislative determination.
39,24 Section 24. 66.30 (6) (c) 1. of the statutes is amended to read:
66.30 (6) (c) 1. Provide for acquisition, construction, operation and administration of a facility, and establish the functions, projects and services to be provided in the facility, including, without limitation because of enumeration, proration of all expenses involved, operational and fiscal management including deposit and disbursement of funds appropriated, designation of the municipal employer for purposes of compliance with s. 111.70, teacher retirement, worker's compensation and unemployment compensation insurance.
39,25 Section 25. 66.30 (6) (h) of the statutes is amended to read:
66.30 (6) (h) School district boards entering into a contract under this subsection shall designate for each employe providing services under the contract either a school district entering into the contract or a cooperative educational service agency under ch. 116 as the employer for purposes of compliance with s. 111.70, teacher's retirement, worker's compensation and unemployment compensation insurance.
39,26 Section 26. 66.521 (1) (a) of the statutes is amended to read:
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