SB399,8,522 108.04 (7) (e) Paragraph (a) does not apply if the department determines that
23the employee accepted work which that the employee could have failed to accept
24under sub. (8) and terminated such the work on the same grounds and within the
25first 30 calendar days after starting the work, or that the employee accepted work

1which that the employee could have refused under sub. (9) and terminated such the
2work within the first 30 calendar days after starting the work. For purposes of this
3paragraph, an employee has the same grounds for voluntarily terminating work if
4the employee could have failed to accept the work under sub. (8) (d) to (em) when it
5was offered, regardless of the reason articulated by the employee for the termination.
SB399,10 6Section 10. 108.04 (8) (b) of the statutes is amended to read:
SB399,9,67 108.04 (8) (b) There is a rebuttable presumption that an employee has failed,
8without good cause, to accept suitable work when offered if the department
9determines, based on a report submitted by an employing unit in accordance with s.
10108.133 (4), that the employing unit required, as a condition of an offer of
11employment, that the employee submit to a test for the presence unlawful use of
12controlled substances and withdrew the conditional offer after the employee either
13declined to submit to such a test or tested positive for one or more controlled
14substances without evidence of a valid prescription for each controlled substance for
15which the employee tested positive. In the case of the employee declining to submit
16to such a test, the employee shall be ineligible for benefits until the employee again
17qualifies for benefits in accordance with the rules promulgated under this
18paragraph. In the case of the employee testing positive in such a test without
19evidence of a valid prescription, the employee shall be ineligible for benefits until the
20employee again qualifies for benefits in accordance with the rules promulgated
21under this paragraph, except that the employee may maintain his or her eligibility
22for benefits in the same manner as is provided in s. 108.133 (3) (d). The department
23shall promulgate rules identifying a period of ineligibility that must elapse or a
24requalification requirement that must be satisfied, or both, in order for an employee
25who becomes ineligible for benefits as provided in this paragraph to again qualify for

1benefits and specifying how a claimant may overcome the presumption in this
2paragraph. The department shall charge to the fund's balancing account any
3benefits otherwise chargeable to the account of an employer that is subject to the
4contribution requirements under ss. 108.17 and 108.18 whenever an employee of
5that employer fails, without good cause, to accept suitable work as described in this
6paragraph.
SB399,11 7Section 11. 108.04 (13) (c) of the statutes is amended to read:
SB399,9,258 108.04 (13) (c) If an employer, after notice of a benefit claim, fails to file an
9objection to the claim under s. 108.09 (1), any benefits allowable under any resulting
10benefit computation shall, unless the department applies a provision of this chapter
11to disqualify the claimant, be promptly paid. Except as otherwise provided in this
12paragraph, any eligibility question in objection to the claim raised by the employer
13after benefit payments to the claimant are commenced does not affect benefits paid
14prior to before the end of the week in which a determination is issued as to the
15eligibility question unless the benefits are erroneously paid without fault on the part
16of the employer. Except as otherwise provided in this paragraph, if an employer fails
17to provide correct and complete information requested by the department during a
18fact-finding investigation, but later provides the requested information, benefits
19paid prior to before the end of the week in which a redetermination is issued
20regarding the matter or, if no redetermination is issued, prior to before the end of the
21week in which an appeal tribunal decision is issued regarding the matter, are not
22affected by the redetermination or decision, unless the benefits are erroneously paid
23without fault on the part of the employer as provided in par. (f). If benefits are
24erroneously paid because the employer and the employee are at fault, the
25department shall charge the employer for the benefits and proceed to create an

1overpayment under s. 108.22 (8) (a). If benefits are erroneously paid without fault
2on the part of the employer, regardless of whether the employee is at fault, the
3department shall charge the benefits as provided in par. (d), unless par. (e) applies,
4and proceed to create an overpayment under s. 108.22 (8) (a). If benefits are
5erroneously paid because an employer is at fault and the department recovers the
6benefits erroneously paid under s. 108.22 (8), the recovery does not affect benefit
7charges made under this paragraph.
SB399,12 8Section 12. 108.04 (13) (e) of the statutes is amended to read:
SB399,10,259 108.04 (13) (e) If the department erroneously pays benefits from one
10employer's account and a 2nd employer is at fault, the department shall credit the
11benefits paid to the first employer's account and charge the benefits paid to the 2nd
12employer's account. Filing of a tardy or corrected report or objection does not affect
13the 2nd employer's liability for benefits paid prior to before the end of the week in
14which the department makes a recomputation of the benefits allowable or prior to
15before the end of the week in which the department issues a determination
16concerning any eligibility question raised by the report or by the 2nd employer. If
17the 2nd employer fails to provide correct and complete information requested by the
18department during a fact-finding investigation, but later provides the requested
19information, the department shall charge to the account of the 2nd employer the cost
20of benefits paid
prior to before the end of the week in which a redetermination is issued
21regarding the matter or, if no redetermination is issued,
prior to before the end of the
22week in which an appeal tribunal decision is issued regarding the matter, unless the
23benefits erroneously are paid without fault on the part of the employer as provided
24in par. (f). If the department recovers the benefits erroneously paid under s. 108.22
25(8), the recovery does not affect benefit charges made under this paragraph.
SB399,13
1Section 13. 108.04 (16) (a) 4. of the statutes is amended to read:
SB399,11,42 108.04 (16) (a) 4. A plan for training approved under the federal workforce
3investment act
Workforce Innovation and Opportunity Act, 29 USC 2822 3101 to
43361, or another federal law that enhances job skills
.
SB399,14 5Section 14. 108.04 (17) (e) of the statutes is amended to read:
SB399,11,156 108.04 (17) (e) A school year employee of a government unit, Indian tribe, or
7nonprofit organization which that provides services to or on behalf of any educational
8institution who performs services other than in an instructional, research, or
9principal administrative capacity is ineligible for benefits based on such services for
10any week of unemployment which occurs during a period between 2 successive
11academic years or terms if the school year employee performed such services for any
12such government unit, Indian tribe, or nonprofit organization in the first such year
13or term and there is reasonable assurance that he or she will perform such services
14for any such government unit, Indian tribe, or nonprofit organization in the 2nd such
15year or term.
SB399,15 16Section 15. 108.05 (3) (d) of the statutes is amended to read:
SB399,11,2017 108.05 (3) (d) A claimant is ineligible to receive benefits for any week in which
18the claimant conceals holiday pay, vacation pay, termination pay, or sick pay as
19provided in s. 108.04 (11) (a) or
wages or hours worked as provided in s. 108.04 (11)
20(b).
SB399,16 21Section 16. 108.05 (10) (b) of the statutes is amended to read:
SB399,11,2222 108.05 (10) (b) Second, to recover overpayments under s. 108.22 (8) (b) 1.
SB399,17 23Section 17. 108.062 (2) (m) of the statutes is amended to read:
SB399,12,524 108.062 (2) (m) Indicate whether the plan will include includes
25employer-sponsored
training to enhance job skills sponsored by the employer and

1acknowledge that, pursuant to federal law, the employees in the work unit may
2participate in training funded under the federal Workforce Investment Act of 1998
3Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that
4enhances job skills
without affecting availability for work, subject to the department
5approval of the department.
SB399,18 6Section 18. 108.062 (6) (a) of the statutes is amended to read:
SB399,12,187 108.062 (6) (a) Except as provided in par. (b), an employee who is included
8under a work-share program and who qualifies to receive regular benefits for any
9week during the effective period of the program shall receive a benefit payment for
10each week that the employee is included under the program in an amount equal to
11the employee's regular benefit amount under s. 108.05 (1) multiplied by the
12employee's proportionate reduction in hours worked for that week as a result of the
13work-share program. Such an employee shall receive benefits as calculated under
14this paragraph and not as provided under s. 108.05 (3). For purposes of this
15paragraph, the department shall treat holiday pay, vacation pay, termination pay,
16and sick pay paid by the employer that sponsors the plan as hours worked. In
17applying this paragraph, the department shall disregard discrepancies of less than
1815 minutes between hours reported by employees and employers.
SB399,19 19Section 19. 108.062 (10) of the statutes is amended to read:
SB399,13,820 108.062 (10) Availability for work. An employee who is receiving receives
21benefits under sub. (6) (a) for any week need not be available for work in that week
22other than for the normal hours of work that the employee worked for the employer
23that creates the work-share program immediately before the week in which the
24work-share program began and any additional hours in which the employee is
25engaged in training to enhance job skills sponsored by the employer that creates the

1plan or department-approved training funded under the federal Workforce
2Investment Act of 1998 that is approved by the department
Innovation and
3Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job
4skills. Unless an employee receives holiday pay, vacation pay, termination pay, or
5sick pay for missed work available under a work-share program, the department
6shall treat the missed work that an employee would have worked in a given week as
7hours actually worked by the employee for the purpose of calculating benefits under
8sub. (6)
.
SB399,20 9Section 20. 108.09 (4) (d) 2. of the statutes is amended to read:
SB399,14,310 108.09 (4) (d) 2. If the appellant submits to the appeal tribunal a written
11explanation for failing to appear at the hearing that is received before a decision is
12electronically delivered or mailed under subd. 1., an appeal tribunal shall review the
13appellant's explanation. The appeal tribunal shall electronically deliver or mail to
14the respondent a copy of the appellant's explanation. The respondent may, within
157 days after the appeal tribunal electronically delivers or mails the appellant's
16explanation to the respondent, submit to the appeal tribunal a written response to
17the appellant's explanation. If the appeal tribunal finds that the appellant's
18explanation does not establish good cause for failing to appear, the appeal tribunal
19shall issue a decision containing this finding and such dismissing the appeal. Such
20a decision may be issued without a hearing. If the appeal tribunal finds that the
21appellant's explanation establishes good cause for failing to appear, the appeal
22tribunal shall issue a decision containing this finding, and such a decision may be
23issued without a hearing. The same or another appeal tribunal established by the
24department for this purpose shall then issue a decision under sub. (3) (b) after
25conducting a hearing concerning any matter in the determination. If such a hearing

1is held concerning any matter in the determination, the appeal tribunal shall only
2consider testimony and other evidence admitted at that hearing in making a
3decision.
SB399,21 4Section 21. 108.09 (4) (e) 2. of the statutes is amended to read:
SB399,15,55 108.09 (4) (e) 2. If the respondent submits to the appeal tribunal a written
6explanation for failing to appear at the hearing that is received before a decision
7favorable to the respondent is electronically delivered or mailed under subd. 1., the
8appeal tribunal shall acknowledge receipt of the explanation in its decision but shall
9take no further action concerning the explanation at that time. If the respondent
10submits to the appeal tribunal a written explanation for failing to appear that is
11received before a decision unfavorable to the respondent is electronically delivered
12or mailed under subd. 1., an appeal tribunal shall review the respondent's
13explanation. The appeal tribunal shall electronically deliver or mail to the appellant
14a copy of the respondent's explanation. The appellant may, within 7 days after the
15appeal tribunal electronically delivers or mails the respondent's explanation to the
16appellant, submit to the appeal tribunal a written response to the respondent's
17explanation. If the appeal tribunal finds that the respondent's explanation does not
18establish good cause for failing to appear, the appeal tribunal shall issue a decision
19containing this finding, and such a decision may be issued without a hearing. The
20same or another appeal tribunal established by the department for this purpose shall
21also issue a decision based on the testimony and other evidence presented at the
22hearing at which the respondent failed to appear.
If the appeal tribunal finds that
23the respondent's explanation establishes good cause for failing to appear, the appeal
24tribunal shall issue a decision containing this finding, and such a decision may be
25issued without a hearing. The same or another appeal tribunal established by the

1department for this purpose shall then issue a decision under sub. (3) (b) after
2conducting a hearing concerning any matter in the determination. If such a hearing
3is held concerning any matter in the determination, the appeal tribunal shall only
4consider testimony and other evidence admitted at that hearing in making a
5decision.
SB399,22 6Section 22. 108.09 (9) (c) of the statutes is amended to read:
SB399,15,117 108.09 (9) (c) If any determination or decision awarding benefits is finally
8amended, modified, or reversed, any benefits paid to the claimant which that would
9not have been paid under such the final determination or decision shall be deemed
10an erroneous payment. Sections 108.04 (13) (c) and (d), 108.16 (3) , and 108.22 (8)
11shall apply to the charging and recovery of such the erroneous payment.
SB399,23 12Section 23. 108.095 (8) of the statutes is amended to read:
SB399,15,1513 108.095 (8) The mailing issuance of determinations and decisions under this
14section shall be first by electronic delivery or 1st class mail and may include the use
15of services performed by the U.S. postal service requiring the payment of extra fees.
SB399,24 16Section 24. 108.10 (1) of the statutes is amended to read:
SB399,16,217 108.10 (1) The department shall investigate the status, and the existence and
18extent of liability of an employing unit, and may issue an initial determination
19accordingly. The department may set aside or amend the determination at any time
20prior to before a hearing on the determination on the basis of subsequent information
21or to correct a mistake, including an error of law. The department shall electronically
22deliver a copy of each determination to, or mail a copy of each determination to the
23last-known address of, the employing unit affected thereby. The employing unit may
24request a hearing as to any matter in that determination if the request is received
25by the department or postmarked within 21 days after the mailing department

1issues the initial determination
and in accordance with such procedure as
2procedures prescribed by the department prescribes by rule.
SB399,25 3Section 25. 108.10 (5) of the statutes is amended to read:
SB399,16,74 108.10 (5) The mailing issuance of determinations and decisions provided in
5subs. (1) to (4) shall be first by electronic delivery or 1st class, mail and may include
6the use of services performed by the U.S. postal department service requiring the
7payment of extra fees.
SB399,26 8Section 26. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (ar).
SB399,27 9Section 27. 108.133 (1) (ag) of the statutes is created to read:
SB399,16,1110 108.133 (1) (ag) “Applicant” means an individual who files an initial claim in
11order to establish a benefit year under this chapter.
SB399,28 12Section 28. 108.133 (2) (intro.) of the statutes is amended to read:
SB399,16,1613 108.133 (2) Drug testing program. (intro.) The department shall establish a
14program to test claimants who apply for regular benefits under this chapter
15applicants for the presence unlawful use of controlled substances in accordance with
16this section and shall, under the program, do all of the following:
SB399,29 17Section 29. 108.133 (2) (a) 1. of the statutes is amended to read:
SB399,16,2118 108.133 (2) (a) 1. Identify a process for testing claimants applicants for the
19presence unlawful use of controlled substances. The department shall ensure that
20the process adheres to any applicable federal requirements regarding drug testing.
21The department shall pay the reasonable costs of controlled substances testing.
SB399,30 22Section 30. 108.133 (2) (a) 2. of the statutes is amended to read:
SB399,17,723 108.133 (2) (a) 2. Identify the parameters for a substance abuse treatment
24program for claimants applicants who engage in the unlawful use of controlled
25substances and specify criteria that a claimant an applicant must satisfy in order

1to be considered in full compliance with requirements of the substance abuse
2treatment program. If the rules require that a claimant an applicant enrolled in the
3substance abuse treatment program submit to additional tests for the presence
4unlawful use of controlled substances following the initial test conducted under sub.
5(3) (c), the rules shall allow the claimant applicant to have at least one more positive
6test result following the initial test without, on that basis, being considered not to be
7in full compliance with the requirements of the substance abuse treatment program.
SB399,31 8Section 31. 108.133 (2) (a) 3. of the statutes is amended to read:
SB399,17,119 108.133 (2) (a) 3. Create a screening process for determining whether there is
10a reasonable suspicion that a claimant an applicant has engaged in the unlawful use
11of controlled substances.
SB399,32 12Section 32. 108.133 (2) (a) 4. of the statutes is amended to read:
SB399,17,1613 108.133 (2) (a) 4. Identify the parameters for a job skills assessment for
14claimants applicants who engage in the unlawful use of controlled substances and
15specify criteria that a claimant an applicant must satisfy in order to be considered
16in full compliance with the requirements of the job skills assessment.
SB399,33 17Section 33. 108.133 (2) (a) 5. of the statutes is amended to read:
SB399,17,2118 108.133 (2) (a) 5. Identify a period of ineligibility that must elapse or a
19requalification requirement that must be satisfied, or both, in order for a claimant
20an applicant to again qualify for benefits after becoming ineligible for benefits under
21sub. (3) (a) or (c).
SB399,34 22Section 34. 108.133 (2) (b) of the statutes is amended to read:
SB399,17,2423 108.133 (2) (b) When a claimant an applicant applies for regular benefits under
24this chapter, do all of the following:
SB399,18,2
11. Determine whether the claimant applicant is an individual for whom
2suitable work is only available in an occupation that regularly conducts drug testing.
SB399,18,73 2. Determine whether the claimant applicant is an individual for whom
4suitable work is only available in an occupation identified in the rules promulgated
5under par. (am), unless the department has already determined that the applicant
6is an individual for whom suitable work is only available in an occupation that
7regularly conducts drug testing under subd. 1
.
SB399,18,118 3. If the claimant is determined by the department determines under subd. 1.
9to be that the applicant is an individual for whom suitable work is only available in
10an occupation that regularly conducts drug testing, conduct a screening on the
11claimant applicant.
SB399,18,1612 4. If the claimant is determined by the department determines under subd. 2.
13to be that the applicant is an individual for whom suitable work is only available in
14an occupation identified in the rules promulgated under par. (am), conduct a
15screening on the claimant if a screening is not already required under subd. 3.
16applicant.
SB399,18,2017 5. If a screening conducted as required under subd. 3. or 4. indicates a
18reasonable suspicion that the claimant applicant has engaged in the unlawful use
19of controlled substances, require that the claimant applicant submit to a test for the
20presence unlawful use of controlled substances.
SB399,35 21Section 35. 108.133 (3) (a) to (e) of the statutes are amended to read:
SB399,19,222 108.133 (3) (a) If a claimant an applicant is required under sub. (2) (b) 5. to
23submit to a test for the presence unlawful use of controlled substances and the
24claimant applicant declines to submit to such a test, the claimant applicant is

1ineligible for benefits under this chapter until the claimant applicant is again eligible
2for benefits as provided in the rules promulgated under sub. (2) (a) 5.
SB399,19,113 (b) If a claimant an applicant who is required under sub. (2) (b) 5. to submit
4to a test for the presence unlawful use of controlled substances submits to the test
5and does not test positive for any controlled substance or the claimant applicant
6presents evidence satisfactory to the department that the claimant applicant
7possesses a valid prescription for each controlled substance for which the claimant
8applicant tests positive, the claimant applicant may receive benefits under this
9chapter if otherwise eligible and may not be required to submit to any further test
10for the presence unlawful use of controlled substances until a subsequent benefit
11year.
SB399,19,1912 (c) If a claimant an applicant who is required under sub. (2) (b) 5. to submit
13to a test for the presence unlawful use of controlled substances submits to the test
14and tests positive for one or more controlled substances without presenting evidence
15satisfactory to the department that the claimant applicant possesses a valid
16prescription for each controlled substance for which the claimant applicant tested
17positive, the claimant applicant is ineligible for benefits under this chapter until the
18claimant applicant is again eligible for benefits as provided in the rules promulgated
19under sub. (2) (a) 5., except as provided in par. (d).
SB399,20,320 (d) A claimant An applicant who tests positive for one or more controlled
21substances without presenting evidence of a valid prescription as described in par.
22(c) may maintain his or her eligibility for benefits under this chapter by enrolling in
23the substance abuse treatment program and undergoing a job skills assessment.
24Such a claimant an applicant remains eligible for benefits under this chapter, if
25otherwise eligible, for each week the claimant is in full compliance applicant fully

1complies
with any requirements of the substance abuse treatment program and job
2skills assessment, as determined by the department in accordance with the rules
3promulgated under sub. (2) (a) 2. and 4.
SB399,20,104 (e) All information relating to a claimant's an individual's declining to take a
5test for the unlawful use of controlled substances, testing positive for the unlawful
6use of controlled substances, prescription medications, medical records, and

7enrollment and participation in the substance abuse treatment program under this
8chapter
shall, subject to and in accordance with any rules promulgated by the
9department, be confidential and not subject to the right of inspection or copying
10under s. 19.35 (1).
SB399,36 11Section 36. 108.133 (4) (a) of the statutes is amended to read:
SB399,20,2312 108.133 (4) (a) An employing unit may, in accordance with the rules
13promulgated by the department under par. (b), voluntarily submit to the department
14the results of a test for the presence unlawful use of controlled substances that was
15conducted on an individual as a condition of an offer of employment or notify the
16department that an individual declined to submit to such a test, along with
17information necessary to identify the individual. Upon receipt of any such results
18of a test conducted and certified in a manner approved by the department or
19notification that an individual declined to submit to such a test, the department shall
20determine whether the individual is a claimant receiving benefits. If the individual
21is a claimant receiving benefits, the department shall, in accordance with rules
22promulgated by the department under par. (b), use that information for purposes of
23determining eligibility for benefits under s. 108.04 (8) (b).
SB399,37 24Section 37. 108.133 (4) (c) of the statutes is created to read:
SB399,21,5
1108.133 (4) (c) Any employing unit that, in good faith, submits the results of
2a positive test or notifies the department that an individual declined to submit to a
3test under par. (a) is immune from civil liability for its acts or omissions with respect
4to the submission of the positive test results or the notification that the individual
5declined to submit to the test.
SB399,38 6Section 38. 108.15 (3) (a) of the statutes is amended to read:
SB399,21,137 108.15 (3) (a) It The government unit shall file a written notice to that effect
8of election with the department before the beginning of such that year except that
9if the government unit became newly subject to this chapter as of the beginning of
10such year, it shall file the notice
or within 30 days after the date of mailing to it a
11written notification by
the department that it issues a determination that the
12government unit
is subject to this chapter. Such , whichever is later. An election
13under this subsection shall remain in effect for not less than 3 calendar years.
SB399,39 14Section 39. 108.15 (5) (b) of the statutes is amended to read:
SB399,21,1915 108.15 (5) (b) The department shall monthly bill each government unit for any
16reimbursements required under this section, and any reimbursement thus billed
17shall be due and shall be paid by such government unit within 20 days after the date
18such bill is mailed to it by the department
, which shall be due within 20 days after
19the date the department issues the bill
.
SB399,40 20Section 40. 108.151 (5) (f) of the statutes is amended to read:
SB399,22,421 108.151 (5) (f) Whenever an employer's reimbursement account has a negative
22balance as of the close of any calendar month, the fund's treasurer shall promptly bill
23such
electronically deliver to the employer, at its or mail to the employer's
24last-known address, a bill for that portion of its negative balance which has resulted
25from the net benefits charged to such the account within such that month.

1Reimbursement payment shall be due within 20 days thereafter after the date the
2department issues the bill
. Any required payment which that remains unpaid after
3its applicable due date is a delinquent payment. Section 108.22 shall apply for
4collecting delinquent payments.
SB399,41 5Section 41. 108.155 (4) (intro.) of the statutes is amended to read:
SB399,22,156 108.155 (4) (intro.) The department shall bill assessments an assessment
7under this section to a reimbursable employer at its , by electronically delivering the
8assessment to the employer or mailing the assessment to the employer's
last known
9address, in the month of September of each year , and the assessment shall be due to
10the department within 20 days after the date such bill is mailed by the date the
11department issues the assessment. Any assessment that remains unpaid after its
12applicable due date is a delinquent payment. If a reimbursable employer is
13delinquent in paying an assessment under this section, in addition to pursuing
14action under the provisions of ss. 108.22 and 108.225, the department may do any
15of the following:
SB399,42 16Section 42. 108.16 (2) (e) of the statutes is amended to read:
SB399,22,2217 108.16 (2) (e) Except as provided in par. (em), benefits to shall be charged
18against a given employer's account shall be so charged as of the date shown by the
19check
that the department issues the payment covering such benefits. Each such
20check
benefit payment shall be promptly mailed issued and shall, in determining the
21experience or status of such the account for contribution purposes, be deemed paid
22on the date shown on the check the payment is issued.
SB399,43 23Section 43. 108.16 (2) (em) of the statutes is amended to read:
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