1997 Wisconsin Act 39

39,157 Section 157 . 560.71 (1) (e) 4. c. of the statutes is amended to read:

560.71 (1) (e) 4. c. The percentage of households in the area receiving unemployment compensation insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.

39,158 Section 158 . 560.797 (2) (a) 4. c. of the statutes is amended to read:

560.797 (2) (a) 4. c. The percentage of households in the area receiving unemployment compensation insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.

39,159 Section 159 . 779.14 (1m) (a) of the statutes is amended to read:

779.14 (1m) (a) All contracts with the state involving $2,500 or more and all other contracts involving $500 or more for the performance of labor or furnishing materials when the same pertains to any public improvement or public work shall contain a provision for the payment by the prime contractor of all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment compensation insurance.

39,160 Section 160 . 779.15 (1) of the statutes is amended to read:

779.15 (1) Any person furnishing labor or materials to be used or consumed in making public improvements or performing public work, including fuel, lumber, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electrical energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment compensation insurance, to any prime contractor, except in cities of the 1st class, shall have a lien on the money or bonds or warrants due or to become due the prime contractor therefor, if the lienor, before payment is made to the prime contractor, gives written notice to the debtor state, county, town or municipality of the claim. The debtor shall withhold a sufficient amount to pay the claim and, when it is admitted by the prime contractor or established under sub. (3), shall pay the claim and charge it to the prime contractor. Any officer violating the duty hereby imposed shall be liable on his or her official bond to the claimant for the damages resulting from the violation. There shall be no preference between the lienors serving the notices.

39,161 Section 161 . 815.18 (13) (j) of the statutes is amended to read:

815.18 (13) (j) Unemployment compensation insurance benefits exempt under s. 108.13.

39,162 Section 162 . 859.02 (2) (a) of the statutes is amended to read:

859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation insurance contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 49.496 or 49.682 or a claim of the United States; or

39,163 Section 163 . 949.06 (3) (b) of the statutes is amended to read:

949.06 (3) (b) From insurance payments or program, including worker's compensation and unemployment compensation insurance.

39,164 Section 164 . Nonstatutory provisions; transitional provisions.

(1) Definitions. In this Section:

(a) “Department" means the department of workforce development.

(b) “Employer" has the meaning given in section 108.02 (13) of the statutes.

(2) Levy in year in which this subsection takes effect. Notwithstanding section 108.19 (1e) (b) of the statutes, as created by this act, if this subsection takes effect in any year before April 1, the department may, no later than the 14th day commencing after the effective date of this subsection, publish a notice under that paragraph of an assessment to be levied against employers under section 108.19 (1e) of the statutes, as created by this act, in the year in which this subsection takes effect.

(3) Levy in year after this subsection takes effect. Notwithstanding section 108.19 (1e) (b) of the statutes, as created by this act, if this subsection takes effect in any year after November 30, the department may, no later than the 14th day commencing after the effective date of this subsection, publish a notice under that paragraph of an assessment to be levied against employers under section 108.19 (1e) of the statutes, as created by this act, in the year following the year in which this subsection takes effect.

39,165 Section 165 . Initial applicability.

(1) The treatment of section 108.05 (2) (c) of the statutes first applies with respect to weeks of unemployment beginning on January 4, 1998.

(2) The treatment of section 108.02 (12) (b) (intro.) and (c) (intro.) of the statutes first applies with respect to services performed after December 31, 1997.

(3) The treatment of section 108.04 (4) (a) of the statutes first applies with respect to benefit years which begin on the effective date of this subsection.

(4) The treatment of section 108.05 (3) (a) and (b) 1. a. and b. of the statutes, the renumbering of section 108.05 (3) (b) 2. of the statutes and the creation of section 108.05 (3) (b) 1. c. and 2. of the statutes first apply with respect to weeks of unemployment beginning on the effective date of this subsection.

(5) The treatment of section 108.065 (1) of the statutes first applies with respect to determinations issued under sections 108.09 and 108.10 of the statutes on the effective date of this subsection or, in relation to determinations that are appealed, to decisions issued under sections 108.09 and 108.10 of the statutes on the effective date of this subsection.

(6) The treatment of section 108.18 (3m) (b), (c) and (d), (4) (figure) Schedule D and (9) (figure) Schedule D of the statutes first applies with respect to payrolls beginning on January 1, 1998.

(7) The treatment of section 108.21 (1) of the statutes first applies with respect to amounts earned during the week which begins on the effective date of this subsection.

(8) The treatment of section 108.22 (9) of the statutes first applies with respect to determinations issued under section 108.10 of the statutes on the effective date of this subsection.

39,166 Section 166 . Effective dates. This act takes effect on the first Sunday after publication, except as follows:

(1) The treatment of section 20.445 (1) (gd) (by Section 9) of the statutes takes effect on the date specified in 1997 Wisconsin Act 27, section 9246 (1h).

(2) The treatment of section 20.445 (1) (gd) (by Section 10) of the statutes takes effect on July 1, 1999.

(3) The treatment of section 71.80 (16) (a) (by Section 33) of the statutes takes effect on January 1, 1998.

(4) The treatment of section 108.20 (2m) (by Section 146) of the statutes takes effect on July 1, 1999.