SB327: Bill Text

SB327, s. 48 Section 48. 108.02 (15) (e) of the statutes is amended to read:

SB327,30,6 108.02 (15) (e) In determining whether an individual's entire services shall be deemed "employment" subject to this chapter, under pars. (b), (c), (d), (dm) and (dn), the department may determine and redetermine the individual's status hereunder for such reasonable periods as it deems advisable, and may refund (as paid by mistake) any contributions which have been paid hereunder with respect to services duly covered under any other unemployment compensation insurance law.

SB327, s. 49 Section 49. 108.02 (15) (gm) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

SB327, s. 50 Section 50. 108.02 (15) (i) 2. of the statutes is amended to read:

SB327,30,13 108.02 (15) (i) 2. By the spouse of such a student, if given written notice at the start of such service, that the work is under a program to provide financial assistance to the student and that the work will not be covered by any program of unemployment compensation insurance.

SB327, s. 51 Section 51. 108.02 (15) (k) 5. of the statutes is amended to read:

SB327,30,17 108.02 (15) (k) 5. With respect to which unemployment compensation insurance is payable under the federal railroad unemployment insurance act (52 Stat. 1094);

SB327, s. 52 Section 52. 108.02 (15) (k) 9. of the statutes is amended to read:

SB327,30,21 108.02 (15) (k) 9. Covered by any other unemployment compensation insurance law pursuant to a reciprocal arrangement made by the department under s. 108.14 (8m);

SB327, s. 53 Section 53. 108.02 (15) (k) 10. of the statutes is amended to read:

SB327,31,2 108.02 (15) (k) 10. For an employer who would otherwise be subject to this chapter solely because of sub. (13) (f), if and while the employer, with written notice to and approval by the department, duly covers under the unemployment compensation insurance law of another jurisdiction all services for such employer which would otherwise be covered under this chapter;

SB327, s. 54 Section 54. 108.02 (15) (k) 14. of the statutes is amended to read:

SB327,31,15 108.02 (15) (k) 14. By an individual for an employer which is engaged in the processing of fresh perishable fruits or vegetables within a given calendar year if the individual has been employed by the employer solely within the active processing season or seasons, as determined by the department, of the establishment in which the individual has been employed by the employer, and the individual's base period wages with the employer are less than the wages required to start a benefit year under s. 108.04 (4) (a), unless the individual was paid wages of $200 or more for services performed in employment or other work covered by the unemployment compensation insurance law of any state or the federal government, other than work performed for the processing employer, during the 4 most recently completed quarters preceding the individual's first week of employment by the processing employer within that year;

SB327, s. 55 Section 55. 108.02 (15) (k) 19. b. of the statutes is amended to read:

SB327,31,21 108.02 (15) (k) 19. b. The individual has been paid or is treated as having been paid wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which is subject to the unemployment compensation insurance law of any state or the federal government.

SB327, s. 56 Section 56. 108.02 (18m) of the statutes is created to read:

SB327,31,24 108.02 (18m) Logger. "Logger" means a skidding operator or piece cutter with a forest products manufacturer or a logging contractor.

SB327, s. 57 Section 57. 108.02 (21) (a) 2. of the statutes is amended to read:

SB327,32,2 108.02 (21) (a) 2. Are not subject to contributions under another unemployment compensation insurance law.

SB327, s. 58 Section 58. 108.02 (21) (b) of the statutes is amended to read:

SB327,32,7 108.02 (21) (b) Notwithstanding par. (a), an employer's payroll includes only the first $10,500 of wages paid by an employer to an individual during a calendar year, including any wages paid for any work covered by the unemployment compensation insurance law of any other state, except as authorized in s. 108.17 (5).

SB327, s. 59 Section 59. 108.02 (25e) of the statutes is created to read:

SB327,32,10 108.02 (25e) Trucker. "Trucker" means a contract operator with a trucking carrier.

SB327, s. 60 Section 60. 108.04 (4) (a) of the statutes is amended to read:

SB327,32,17 108.04 (4) (a) A claimant is not eligible to start a benefit year unless the claimant has combined base period wages equal to at least 30 times the claimant's weekly benefit rate under s. 108.05 (1), including combined base period wages equal to at least 7 4 times the claimant's weekly benefit rate under s. 108.05 (1) in one or more quarters outside of the quarter within the claimant's base period in which the claimant has the highest base period wages.

SB327, s. 61 Section 61. 108.04 (4) (c) of the statutes is amended to read:

SB327,32,25 108.04 (4) (c) An employe is not eligible to start a new benefit year unless, subsequent to the start of the employe's most recent benefit year in which benefits were paid to the employe, the employe has performed services and earned wages for those services equal to at least 8 times the employe's latest weekly benefit rate under s. 108.05 (1) that was payable to the employe in the employe's most recent benefit year in employment or other work covered by the unemployment compensation insurance law of any state or the federal government.

SB327, s. 62 Section 62. 108.04 (5) of the statutes is amended to read:

SB327,33,25 108.04 (5) Discharge for misconduct. An employe whose work is terminated by an employing unit for misconduct connected with the employe's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employe earns wages after the week in which the discharge occurs equal to at least 14 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation insurance law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to an employe by an employer which terminates employment of the employe for misconduct connected with the employe's employment shall be excluded from the employe's base period wages under s. 108.06 (1) for purposes of benefit entitlement. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes misconduct. This subsection does not preclude an employe who has employment with an employer other than the employer which terminated the employe for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employe qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection.

SB327, s. 63 Section 63. 108.04 (7) (a) of the statutes is amended to read:

SB327,34,12 108.04 (7) (a) If an employe terminates work with an employing unit, the employe is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the termination occurs and the employe earns wages after the week in which the termination occurs equal to at least 4 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation insurance law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the termination not occurred. This paragraph does not preclude an employe from establishing a benefit year by using the base period wages paid by the employer from which the employe voluntarily terminated, if the employe is qualified to establish a benefit year under s. 108.06 (2) (a).

SB327, s. 64 Section 64. 108.04 (7) (e) of the statutes is amended to read:

SB327,34,22 108.04 (7) (e) Paragraph (a) does not apply if the department determines that the employe accepted work which the employe could have refused failed to accept with good cause under sub. (8) and terminated such work with the same good cause and within the first 10 weeks after starting the work, or that the employe accepted work which the employe could have refused under sub. (9) and terminated such work within the first 10 weeks after starting the work. For purposes of this paragraph, an employe has the same good cause for voluntarily terminating work if the employe could have failed to accept the work under sub. (8) (d) when it was offered, regardless of the reason articulated by the employe for the termination.

SB327, s. 65 Section 65. 108.04 (7) (L) (intro.) of the statutes is amended to read:

SB327,35,3 108.04 (7) (L) (intro.) Paragraph (a) does not apply if the department determines that the employe terminated work to accept employment or other work covered by the unemployment compensation insurance law of any state or the federal government, and earned wages in the subsequent work equal to at least 4 times the employe's weekly benefit rate under s. 108.05 (1) if the work:

SB327, s. 66 Section 66. 108.04 (7) (p) of the statutes is amended to read:

SB327,35,9 108.04 (7) (p) Paragraph (a) does not apply if the department determines that an employe, while claiming benefits for partial unemployment, terminated work to accept employment or other work covered by the unemployment compensation insurance law of any state or the federal government, if that work offered an average weekly wage greater than the average weekly wage earned in the work terminated.

SB327, s. 67 Section 67. 108.04 (8) (a) of the statutes is amended to read:

SB327,35,25 108.04 (8) (a) If an employe fails, without good cause, to accept suitable work when offered, the employe is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employe earns wages after the week in which the failure occurs equal to at least 4 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation insurance law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this paragraph if the employe qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employe of that employer fails, without good cause, to accept suitable work offered by that employer.

SB327, s. 68 Section 68. 108.04 (8) (c) of the statutes is amended to read:

SB327,36,14 108.04 (8) (c) If an employe fails, without good cause, to return to work with a former employer that recalls the employe within 52 weeks after the employe last worked for that employer, the employe is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employe earns wages after the week in which the failure occurs equal to at least 4 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation insurance law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this paragraph if the employe qualifies to establish a benefit year under s. 108.06 (2) (a). If an employe receives actual notice of a recall to work, par. (a) applies in lieu of this paragraph.

SB327, s. 69 Section 69. 108.04 (8) (d) of the statutes is amended to read:

SB327,36,23 108.04 (8) (d) An employe shall have good cause under par. (a) or (c), regardless of the reason articulated by the employe for the failure, if the department determines that the failure related to involved work at a lower grade of skill or significantly lower rate of pay than applied to the employe on one or more recent jobs, and that the employe had not yet had a reasonable opportunity, in view of labor market conditions and the employe's degree of skill, but not to exceed 6 weeks after the employe became unemployed, to seek a new job substantially in line with the employe's prior job skill and rate of pay.

SB327, s. 70 Section 70. 108.04 (12) (c) of the statutes is amended to read:

SB327,37,3 108.04 (12) (c) Any individual who receives unemployment compensation insurance for a given week under any federal law through any federal agency shall be ineligible for benefits paid or payable for that same week under this chapter.

SB327, s. 71 Section 71. 108.04 (12) (d) of the statutes is amended to read:

SB327,37,8 108.04 (12) (d) Any individual who receives unemployment compensation insurance for a given week under the law of any other state (with no use of benefit credits earned under this chapter) shall be ineligible for benefits paid or payable for that same week under this chapter.

SB327, s. 72 Section 72. 108.05 (1) (f) and (g) of the statutes are repealed.

SB327, s. 73 Section 73. 108.05 (1) (h) (intro.) of the statutes is amended to read:

SB327,37,24 108.05 (1) (h) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 5, 1997, and before January 4, 1998, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (h) following]

SB327, s. 74 Section 74. 108.05 (1) (i) and (j) of the statutes are created to read:

SB327,38,14 108.05 (1) (i) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 4, 1998, and before January 3, 1999, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (i) following]

SB327,38,16 Figure 108.05 (1) (i):

SB327,38,17 - See PDF for table

SB327,38,18 - See PDF for table - See PDF for table

SB327,49,14 (j) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 3, 1999, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (j) following]

SB327,49,16 Figure 108.05 (1) (j):

SB327,49,17 - See PDF for table

SB327,50,1 - See PDF for table

SB327, s. 75 Section 75. 108.05 (2) (c) of the statutes is amended to read:

SB327,60,8 108.05 (2) (c) This chapter's maximum weekly benefit rate, as to weeks of unemployment in the ensuing half year, shall equal the result obtained by rounding 66-2/3% of the "average wages per average week" to the nearest multiple of one dollar, and the minimum weekly benefit rate shall be an amount which is 19% 15% of the maximum rate and adjusted, if not a multiple of one dollar, to the next lower multiple of one dollar.

SB327, s. 76 Section 76. 108.05 (3) (a) of the statutes is amended to read:

SB327,61,13 108.05 (3) (a) Except as provided in par. (b), if an eligible employe earns wages in a given week, the first $30 of the wages shall be disregarded and the employe's applicable weekly benefit payment shall be reduced by 67% of the remaining amount, except that no such employe is eligible for benefits if the employe's benefit payment would be less than $5 for any week. For purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that the a claimant would have earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes any amount that the a claimant earned earns for services performed as a volunteer fire fighter or volunteer emergency medical technician. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employes and employers.

SB327, s. 77 Section 77. 108.05 (3) (b) 1. a. and b. of the statutes are amended to read:

SB327,61,23 108.05 (3) (b) 1. a. The claimant works for that employer at least 35 hours in that week at the same or a greater rate of pay, excluding bonuses, incentives, overtime or any other supplement to the earnings, as the claimant was paid by that employer in that quarter of the claimant's base period in which the claimant was paid his or her highest wages or any amount that the claimant would have earned from that employer in available work which is treated as wages under s. 108.04 (1) (a) within that week, by itself or in combination with wages earned for that week, is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay; or;

SB327,62,4 b. The claimant receives from that employer sick pay, holiday pay, vacation pay or termination pay which, by itself or in combination with wages earned for work performed in that week for that employer or any amount that the claimant would have earned from that employer in available work which is treated as wages under s. 108.04 (1) (a) within that week, is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay.; or

SB327, s. 78 Section 78. 108.05 (3) (b) 1. c. of the statutes is created to read:

SB327,62,10 108.05 (3) (b) 1. c. The amount that the claimant would have earned within that week from that employer in available work which is treated as wages under s. 108.04 (1) (a), by itself or in combination with the wages earned for work performed in that week for that employer and the pay received under subd. 1. b., is equivalent to pay for at least 35 hours of work at that same or a greater rate of pay.

SB327, s. 79 Section 79. 108.05 (3) (b) 2. of the statutes is renumbered 108.05 (3) (b) 3.

SB327, s. 80 Section 80. 108.05 (3) (b) 2. of the statutes is created to read:

SB327,62,16 108.05 (3) (b) 2. For the purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125.

SB327, s. 81 Section 81. 108.06 (2) (d) of the statutes is amended to read:

SB327,63,2 108.06 (2) (d) A claimant may, in writing, request that the department to set aside a benefit year by filing a written, verbal or electronic request in the manner that the department prescribes by rule. The department shall grant the request and cancel the benefit year if the request is voluntary, benefits have not been paid to the claimant and at the time the department acts upon the request for that benefit year the claimant's benefit eligibility is not suspended. If the claimant does not meet these requirements, the department shall not set aside the benefit year unless the department defines by rule exceptional circumstances in which a claimant may be permitted to set aside a request to establish a benefit year and the claimant qualifies to make such a request under the circumstances described in the rule.

SB327, s. 82 Section 82. 108.06 (5) (a) of the statutes is amended to read:

SB327,63,8 108.06 (5) (a) The week is not within an unexpired benefit year or similar period of eligibility for unemployment compensation insurance in another state unless the employe's eligibility for compensation unemployment insurance in the other state is exhausted, terminated, indefinitely postponed or affected by application of a seasonal restriction.

SB327, s. 83 Section 83. 108.065 (1) of the statutes is amended to read:

SB327,63,14 108.065 (1) An employe service company is the employer of an individual who is engaged the company engages in employment performing to perform services for a client or customer of the employe service company if the employe service company is taxed under the federal unemployment tax act (26 USC 3301 to 3311) on the basis of that employment.

SB327, s. 84 Section 84. 108.07 (3m) of the statutes is amended to read:

SB327,64,2 108.07 (3m) If a claimant has base period wages with an employer constituting less than 5% of the claimant's total base period wages, the department shall not charge the benefits to the account of that employer. If benefits are otherwise chargeable to the account of any employer whose share of a claimant's total base period wages is less than 5%, the department shall charge the benefits to the remaining employers with which the claimant has base period wages. The department shall distribute such charges in the same proportion that the claimant's base period wages from such employers bear to the claimant's total base period wages from all such employers. This subsection does not apply to claims for benefits based in whole or in part on employment as federal civilian employes or former military personnel under 5 USC ch. 85, or work covered by the unemployment compensation insurance laws of 2 or more jurisdictions under s. 108.14 (8n).

SB327, s. 85 Section 85. 108.07 (5m) of the statutes is amended to read:

SB327,64,14 108.07 (5m) Whenever benefits are paid to a claimant based in part on employment by a seasonal employer by which the claimant was employed for a period of less than 90 days during the season of the seasonal employer, as determined under s. 108.066 (4), and that season includes any portion of the claimant's base period, and the claimant has been paid or is treated as having been paid base period wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which is subject to the unemployment compensation insurance law of any state or the federal government, the department shall charge to the fund's balancing account the benefits which would otherwise be chargeable to the account of the seasonal employer.

SB327, s. 86 Section 86. 108.09 (2) (c) of the statutes is renumbered 108.09 (2) (c) (intro.) and amended to read:

SB327,64,23 108.09 (2) (c) (intro.) The Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination within one year 2 years of the date of the determination on the basis of subsequent information or to correct a mistake, including an error of law, or at any time if the department finds that fraud or concealment occurred, unless. Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination at any time if the department finds that:

SB327, s. 87 Section 87. 108.09 (2) (c) 1. and 2. of the statutes are created to read:

SB327,64,25 108.09 (2) (c) 1. Fraud or concealment occurred; or