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1997 - 1998 LEGISLATURE
October 22, 1997 - Introduced by Senators Plache and Zien, cosponsored by
Representatives Vrakas and Vander Loop. Referred to Committee on Labor,
Transportation and Financial Institutions.
SB327,2,22
1An Act to repeal 106.21 (9) (d), 106.215 (10) (d), 108.02 (15) (gm) and 108.05 (1)
2(f) and (g);
to renumber 108.05 (3) (b) 2.;
to renumber and amend 108.09 (2)
3(c) and 108.09 (4) (f) 2.;
to amend 6.10 (9), 15.227 (3), 16.48 (1) (a) (intro.), 16.48
4(1) (a) 1., 2. and 6. and (b), 16.48 (2) and (3), 19.85 (1) (ee), 20.445 (1) (gd), 20.445
5(1) (gd), 20.445 (1) (gd), 20.445 (1) (gf), 20.445 (1) (n), 40.02 (22) (b) 3., 40.65 (5)
6(b) 2., 45.71 (9) (a), 46.27 (5) (i), 47.035 (1), 49.19 (4) (dm) 4., 59.40 (2) (e), 59.57
7(2) (b), 66.30 (6) (c) 1., 66.30 (6) (h), 66.521 (1) (a), 71.05 (6) (a) 12., 71.52 (6),
871.67 (7) (title), 71.67 (7) (a), 71.67 (7) (b) 2., 71.80 (16) (a), 71.80 (16) (a), 71.80
9(16) (b), 101.654 (2) (c), 102.28 (7) (b), 106.11 (2) (a) 1. b., chapter 108 (title),
10108.01 (1), 108.02 (4m) (a), 108.02 (12) (b) (intro.), 108.02 (12) (c) (intro.), 108.02
11(15) (c) 1., 108.02 (15) (dm) 1., 108.02 (15) (e), 108.02 (15) (i) 2., 108.02 (15) (k)
125., 108.02 (15) (k) 9., 108.02 (15) (k) 10., 108.02 (15) (k) 14., 108.02 (15) (k) 19.
13b., 108.02 (21) (a) 2., 108.02 (21) (b), 108.04 (4) (a), 108.04 (4) (c), 108.04 (5),
14108.04 (7) (a), 108.04 (7) (e), 108.04 (7) (L) (intro.), 108.04 (7) (p), 108.04 (8) (a),
1108.04 (8) (c), 108.04 (8) (d), 108.04 (12) (c), 108.04 (12) (d), 108.05 (1) (h) (intro.),
2108.05 (2) (c), 108.05 (3) (a), 108.05 (3) (b) 1. a. and b., 108.06 (2) (d), 108.06 (5)
3(a), 108.065 (1), 108.07 (3m), 108.07 (5m), 108.09 (4) (f) 3., 108.09 (6) (c), 108.13
4(2), 108.13 (4) (a) 4., 108.13 (4) (b), 108.13 (4) (c) (intro.), 108.13 (4) (e), 108.13
5(4) (f), 108.135 (1) (intro.), 108.135 (1) (a), 108.14 (5) (a), 108.14 (5) (ag), 108.14
6(5) (ar), 108.14 (6), 108.14 (7) (a), 108.14 (8) (a), 108.14 (8m) (a), 108.14 (8n) (a),
7108.14 (8n) (b), 108.14 (8s) (a), 108.14 (8s) (b), 108.14 (8t), 108.14 (9), 108.14
8(13), 108.14 (14), 108.141 (1) (b) 3., 108.141 (1) (h), 108.141 (3g) (a) 1., 108.141
9(3g) (a) 2., 108.141 (3g) (a) 3. a., 108.141 (3g) (a) 3. b., 108.141 (3g) (a) 3. d.,
10108.141 (3g) (c), 108.141 (3g) (d), 108.141 (3g) (e), 108.142 (1) (h) 3., 108.142 (1)
11(i), 108.16 (5) (b), 108.16 (7m), 108.161 (3), 108.162 (1), 108.162 (3), 108.18 (3m)
12(b), 108.18 (3m) (c), 108.18 (7) (a) 1. and (h), 108.18 (9) (intro.), 108.19 (3), 108.19
13(4), 108.20 (2m), 108.20 (2m), 108.205 (1), 108.21 (1), 108.22 (9), 109.01 (3),
14116.03 (4), 175.46 (5) (a), 230.26 (4), 303.08 (3), 303.08 (4), 303.08 (5) (intro.),
15560.71 (1) (e) 4. c., 560.797 (2) (a) 4. c., 779.14 (1m) (a), 779.15 (1), 815.18 (13)
16(j), 859.02 (2) (a) and 949.06 (3) (b); and
to create 20.445 (1) (gg), 20.445 (1) (gh),
1720.445 (1) (nb), 108.02 (4m) (g), 108.02 (18m), 108.02 (25e), 108.05 (1) (i) and (j),
18108.05 (3) (b) 1. c., 108.05 (3) (b) 2., 108.09 (2) (c) 1. and 2., 108.09 (2) (cm), 108.09
19(4) (f) 2. b., 108.14 (18), 108.18 (3m) (d), 108.18 (4) (figure) Schedule D, 108.18
20(9) (figure) Schedule D, 108.18 (9c) and 108.19 (1e) of the statutes;
relating to:
21various changes in the unemployment compensation law and related
22provisions, granting rule-making authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the unemployment compensation law and
related provisions. Significant provisions include:
Benefit rate changes
Currently, weekly unemployment compensation benefit rates for total
unemployment range from $53 for an employe who earns wages (or certain other
amounts treated as wages) of at least $1,325 during at least one quarter of the
employe's base period (period preceding a claim during which benefit rights accrue)
to $282 for an employe who earns wages (or certain other amounts treated as wages)
of at least $7,050 during any such quarter. This bill adjusts weekly benefit rates for
weeks of unemployment beginning on or after January 4, 1998, and before January
3, 1999, to rates ranging from $43 for an employe who earns wages (or certain other
amounts treated as wages) of at least $1,075 during at least one quarter of the
employe's base period to $290 for an employe who earns wages (or certain other
amounts treated as wages) of at least $7,250 during any such quarter; and beginning
on or after January 3, 1999, to rates ranging from $44 for an employe who earns
wages (or certain other amounts treated as wages) of at least $1,100 during at least
one quarter of the employe's base period to $297 for an employe who earns wages (or
certain other amounts treated as wages) of at least $7,425 during any such quarter.
Other benefit changes
Qualifying wages
Currently, an employe is not eligible to begin receiving benefits unless he or she
earns wages (or certain other amounts treated as wages) during the employe's base
period equal to at least 30 times the employe's weekly benefit rate, including wages
(or other amounts treated as wages) of at least 7 times the employe's weekly benefit
rate during the quarters other than the one in the employe's base period in which the
employe earns his or her highest wages (or other amounts treated as wages). This
bill requires instead that an employe earn wages (or other amounts treated as wages)
of at least 30 times the employe's weekly benefit rate, including wages (or other
amounts treated as wages) of at least 4 times the employe's weekly benefit rate
during a quarter other than the one in the employe's base period in which the
employe earns his or her highest wages (or other amounts treated as wages).
Treatment of certain cafeteria plan payments for benefit purposes
Currently, the eligibility for benefits and amount of benefits payable to an
employe depend in part upon the amount of wages or certain other amounts paid or
treated as having been paid to the employe during his or her base period. This bill
treats as wages for those purposes any salary reduction amounts that are not wages
and that would have been paid to an employe by an employer as salary during the
employe's base period but for a salary reduction agreement under a cafeteria plan,
as defined in the federal Internal Revenue Code (plan under which certain
payments, such as medical or child care expenses, are paid from the pretax income
of an employe). The change potentially increases the number of employes who
qualify for benefits and the amounts of benefits that some employes receive.
Similarly, the bill treats salary reduction amounts deducted by an employer from the
wages earned by a claimant in a given week pursuant to a cafeteria plan as wages
received by the claimant for purposes of determining the eligibility of and amount
of benefits payable to the claimant for partial unemployment in that week. The
change potentially decreases the number of employes who qualify to receive benefits
for partial unemployment and the amounts of benefits for partial unemployment
that some employes receive. In connection with these changes, the bill also requires
employers to keep records of cafeteria plan payments and permits the department
of workforce development (DWD) to require employers to report this information to
it.
Eligibility to begin new benefit years
Under current law, an employe is not eligible to begin a new benefit year (period
during which benefits are potentially payable) unless, after the beginning of the
employe's most recent benefit year in which the employe was paid benefits, the
employe earns wages equal to at least 8 times the benefit rate that was payable to
the employe for that most recent benefit year in work covered by the unemployment
compensation law of any state or the federal government. This bill requires an
employe to perform services and earn wages for those services equal to at least 8
times that benefit rate in such work before the employe may begin a new benefit year.
Set aside of benefit years
Currently, a claimant may, in writing, request DWD to set aside a benefit year.
DWD must grant the request if certain conditions are satisfied. This bill instead
requires that such a request be made verbally, electronically or in writing in the
manner that the department prescribes by rule.
Requalification for extended benefits
Currently, if an individual fails to either apply for suitable work when notified
by a public employment office or to accept suitable work when offered, the individual
is ineligible to receive extended benefits (benefits partially funded by the federal
government which are provided during periods of high unemployment) for the week
in which the failure occurs and thereafter until the individual has again worked for
at least 4 weeks and earned wages equal to at least 4 times his or her extended benefit
rate. A similar requalification requirement applies when a claimant fails to search
for work or voluntarily terminates or is suspended from his or her employment under
certain conditions. This bill requires that a claimant work for at least 4 weeks in
work covered by the unemployment insurance law of any state or the federal
government and earn wages for that work equal to at least 4 times his or her extended
benefit rate in order to qualify or requalify to receive extended benefits.
Employe status
Currently, in order to be eligible to claim benefits, an individual must, in
addition to other requirements, be an "employe" as defined in the unemployment
compensation law. Generally, an "employe" is an individual who performs services
for an employer in employment covered under the unemployment compensation law,
whether or not the individual is directly paid by the employer. However, an
individual is not an "employe" if the individual performs services as a contract
operator with a carrier or as a skidding operator or piece cutter with a forest products
manufacturer or logging contractor and the individual has been and will continue to
be free from the employer's control or direction over the performance of his or her
services both under his or her contract and in fact, and the individual's services are
performed in an independently established trade, business or profession in which the
individual is customarily engaged. Any other individual is not an "employe" if the
individual holds or has applied for an employer identification number with the
federal internal revenue service or has filed business or self-employment income tax
returns with the federal internal revenue service in the previous year, and meets at
least 6 of 8 other conditions concerning the individual's relationship to or direction
or control over his or her business or the services that he or she performs. This bill
applies the former exclusion, rather than the latter exclusion, to all employes of
governmental units and nonprofit organizations.
Tax changes
Contribution rate schedules
Currently, all employers that engage employes in work which is covered under
the unemployment compensation law, other than governmental and nonprofit
employers which elect to pay directly for the cost of benefits, must pay contributions
(taxes) to finance unemployment compensation benefits. The total contributions of
an employer are the sum of the employer's contribution rate and the employer's
solvency rate, each of which vary with the employment stability of the employer and
the solvency of the unemployment reserve fund, from which benefits are paid. An
employer's contributions payable as a result of its contribution rate are credited to
the employer's account, while an employer's contributions payable as a result of its
solvency rate are credited to the fund's balancing account, which is used to fund
benefits not payable from any employer's account. Currently, there are 3 schedules
of contribution and solvency rates. The schedule that applies for any year depends
upon the solvency of the fund on June 30 of the preceding year. The schedule that
results in the lowest contribution rates for most employers is currently in effect for
any year when the fund has a cash balance of at least $1,000,000,000 on June 30 of
the preceding year. This bill creates an additional schedule which is in effect for any
year after 1997 when the fund has a cash balance of at least $1,200,000,000 on June
30 of the preceding year. The schedule provides for lower contribution rates than are
provided under current schedules for most employers for any year in which their
accounts have positive balances on June 30 of the preceding year.
Special assessments and offset of solvency rates
In addition to regular contributions currently payable by employers, this bill
levies an assessment on each employer that is currently subject to a contribution
requirement in the amount of 0.01% of an employer's taxable payroll for each year
prior to the year 2000 (unless the employer currently pays a solvency rate less than
0.01% in which case the assessment is equal to the employer's current solvency rate
as applied to the employer's taxable payroll). The bill permits DWD to reduce or
eliminate the levy for any year. The bill also directs DWD to reduce the solvency rate
of each employer that pays an assessment for any year in which an assessment is
levied by the assessment rate applicable to that employer for that year.
Under the bill, revenue received from the assessment may only be used for the
purpose of design or development of unemployment insurance information
technology systems. The bill also appropriates $1,450,000 from existing federal
revenues and existing revenues received by DWD as interest on late payments and
penalties for late payments and certain other violations of the unemployment
compensation law to be used for the same purpose. The bill directs DWD to submit
quarterly reports to the council on unemployment insurance describing the use of
any moneys expended by DWD for this purpose and the status of any project for
which moneys were expended.
Personal liability for certain business obligations
Currently, if an individual is an officer, employe, member or manager holding
at least 20% of the ownership interest of a corporation or limited liability company,
if the individual has control of or responsibility for filing unemployment
compensation contribution reports or making unemployment compensation
payments and the individual wilfully fails to file such reports or to make such
payments, the individual may be found personally liable for any payments due,
including interest, tardy payment or filing fees, costs and other fees if the corporation
or limited liability company is unable to make these payments. This bill provides
that ownership interest of a corporation or limited liability company for these
purposes includes ownership or control, directly or indirectly, by the individual, by
the individual's spouse or child, by the individual's parent if the individual is under
age 18, or by a combination of 2 or more of them, as well as such ownership of an
interest in a parent corporation or limited liability company of which the corporation
or limited liability company is a wholly owned subsidiary.
Other changes
Law name change
The bill changes the name of the unemployment compensation law to the
"unemployment insurance" law and makes terminology changes throughout the
statutes to effect the name change.
Performance of services for customers of employe service companies
Currently, an employe service company is considered to be the employer of an
individual for unemployment compensation purposes if the individual performs
services for a client or customer of the employe service company and the employe
service company is taxed under the Federal Unemployment Tax Act on the basis of
that employment. This bill substitutes a rule that an employe service company is
considered to be the employer of an individual who the company engages in
employment to perform services for a client or customer of the company.
Set aside, amendment, reopening, reversal or modification of certain
determinations and decisions
Currently, DWD may set aside or amend an initial determination concerning
the eligibility of a claimant to receive unemployment compensation benefits within
one year of the determination to correct a mistake, unless a party has filed a timely
request for a hearing as to the determination. Unless a party has filed a timely
petition for review of a decision, an appeal tribunal (hearing examiner) may similarly
reopen any decision concerning benefit eligibility or the status of an employer within
one year of the decision if the tribunal determines that false testimony was given or
false evidence was offered. The labor and industry review commission (LIRC) may
set aside any final determination of DWD or any decision of an appeal tribunal or
LIRC within one year of the determination or decision upon the grounds of mistake
or newly discovered evidence. Currently, DWD is not authorized to set aside any
decision of an appeal tribunal and is not authorized to reverse, modify or set aside
any decision of LIRC. This bill extends from one year to 2 years the period during
which determinations and decisions may be set aside, amended or reopened under
the circumstances currently provided. The bill also permits DWD to set aside or
amend an initial determination at any time if DWD determines that the benefits paid
or payable to a claimant have been affected by wages earned by the claimant which
have not been paid, and DWD is provided with notice from the appropriate state or
federal court or agency that a wage claim for those wages will not be paid in whole
or in part, unless a party has filed a timely request for a hearing concerning that
determination. Similarly, the bill permits an appeal tribunal to set aside a decision
of the appeal tribunal at any time (unless a party has filed a timely petition for review
of the decision with LIRC), and permits LIRC to set aside a final determination of
DWD or a decision of an appeal tribunal or LIRC at any time (regardless of whether
an appeal or petition for review has been filed) under similar circumstances if the
appeal tribunal or LIRC is provided with similar notice of an unpaid wage claim. In
addition, the bill permits DWD to set aside or amend any decision of an appeal
tribunal adverse to a claimant that has been issued within the 4-year period
preceding the day the bill becomes law, and permits DWD to reverse, modify or set
aside any decision of LIRC adverse to a claimant that has been issued within that
period, if DWD finds that the benefits paid or payable to the claimant have been
affected by wages earned by the claimant which have not been paid, and DWD is
provided with notice from the appropriate state or federal court or agency that a wage
claim for those wages will not be paid in whole or in part, unless a timely petition for
review by LIRC has been filed or a timely action for judicial review has been
commenced.
Coverage of Wisconsin service corps and Wisconsin conservation corps
employes
Under current state laws governing the Wisconsin service corps (WSC) and the
Wisconsin conservation corps (WCC), no corps enrollee in the WSC and no corps
member or assistant crew leader in the WCC is eligible for unemployment
compensation benefits by virtue of his or her employment in the corps. Conflicting
provisions of the same laws provide that to the extent permitted by federal law, the
WSC and WCC programs shall be considered work-relief and work-training
programs for the purpose of determining eligibility for unemployment compensation
benefits.
Under current state law governing the unemployment compensation program,
no corps member or assistant crew leader in the WCC is eligible for unemployment
compensation benefits by virtue of his or her employment in the WCC. In addition,
an individual serving in a position receiving work relief or work training as a part
of a work-training or work-relief program assisted or funded by a state agency is not
eligible for unemployment compensation benefits based on such service except as the
agency otherwise elects with the approval of DWD. This provision is based on federal
law, which generally requires states participating in the federal-state
unemployment compensation program to provide benefits for employes of state
agencies except, if a state elects, for individuals performing service as a part of an
unemployment work-relief or work-training program assisted or funded by a state
agency if the individuals receive work relief or work training under the program [
26
USC 3309 (b) (5)]. "Work relief" and "work training" are interpreted by DWD in
accordance with standards imposed by the U.S. department of labor.
This bill deletes the provisions of current state laws governing the WSC and
WCC programs. In addition, the bill deletes the provision of current state law
governing the unemployment compensation program specifying that a corps
member or assistant crew leader in the WCC is ineligible to receive unemployment
compensation benefits by virtue of his or her employment in the WCC, but retains
the disqualification for individuals receiving state-assisted work relief or work
training.
Other
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB327, s. 1
1Section
1. 6.10 (9) of the statutes is amended to read:
SB327,8,42
6.10
(9) No person loses the right to vote at the person's place of residence while
3receiving public assistance or unemployment
compensation insurance even if the
4legal settlement for assistance is elsewhere.
SB327,9,97
15.227
(3) (title)
Council on unemployment
compensation insurance. There
8is created in the department of workforce development a council on unemployment
9compensation insurance appointed by the secretary of workforce development to
10consist of 5 representatives of employers and 5 representatives of employes
11appointed to serve for 6-year terms and a permanent classified employe of the
12department of workforce development who shall serve as nonvoting chairperson. In
13making appointments to the council, the secretary shall give due consideration to
1achieving balanced representation of the industrial, commercial, construction,
2nonprofit and public sectors of the state's economy. One of the employer
3representatives shall be an owner of a small business or a representative of an
4association primarily composed of small businesses. In this subsection, "small
5business" means an independently owned and operated business which is not
6dominant in its field and which has had less than $2,000,000 in gross annual sales
7for each of the previous 2 calendar years or has 25 or fewer employes. A member
8vacates his or her office if the member loses the status upon which his or her
9appointment is based.
SB327, s. 3
10Section
3. 16.48 (1) (a) (intro.) of the statutes is amended to read:
SB327,9,1311
16.48
(1) (a) (intro.) A statement of unemployment
compensation insurance 12financial outlook, which shall contain the following, together with the secretary's
13recommendations and an explanation for such recommendations:
SB327, s. 4
14Section
4. 16.48 (1) (a) 1., 2. and 6. and (b) of the statutes are amended to read:
SB327,9,1815
16.48
(1) (a) 1. Projections of unemployment
compensation insurance 16operations under current law through at least the 2nd year following the close of the
17biennium, including benefit payments, tax collections, borrowing or debt
18repayments and amounts of interest charges, if any.
SB327,9,2019
2. Specific proposed changes in the laws relating to unemployment
20compensation insurance financing, benefits and administration.
SB327,9,2221
6. If unemployment
compensation insurance program debt is projected at the
22end of the forecast period, the reasons why it is not proposed to liquidate the debt.
SB327,9,2423
(b) A report summarizing the deliberations of the council on unemployment
24compensation insurance and the position of the council, if any, concerning each
1proposed change in the unemployment
compensation insurance laws submitted
2under par. (a).
SB327,10,125
16.48
(2) Upon receipt of the statement and report under sub. (1), the governor
6may convene a special committee consisting of the secretary of workforce
7development and the legislative leaders specified in sub. (1) to review the statement
8and report. Upon request of 2 or more of the legislative leaders specified in sub. (1),
9the governor shall convene such a committee. The committee shall attempt to reach
10a consensus concerning proposed changes to the unemployment
compensation 11insurance laws and shall submit its recommendations to the governor and
12legislature concurrently with the statement furnished under sub. (3).
SB327,10,18
13(3) On or about February 15 of each odd-numbered year, the secretary of
14workforce development, under the direction of the governor, shall submit to each
15member of the legislature an updated statement of unemployment
compensation 16insurance financial outlook which shall contain the information specified in sub. (1)
17(a), together with the governor's recommendations and an explanation for such
18recommendations, and a copy of the report required under sub. (1) (b).
SB327, s. 6
19Section
6. 19.85 (1) (ee) of the statutes is amended to read:
SB327,10,2220
19.85
(1) (ee) Deliberating by the council on unemployment
compensation 21insurance in a meeting at which all employer members of the council or all employe
22members of the council are excluded.
SB327,11,143
20.445
(1) (gd)
Unemployment interest and penalty payments. From the
4moneys received as interest and penalties collected under ss. 108.04 (11) (c) and
5108.22 and assessments under s. 108.19 (1m), all moneys not appropriated under
6pars. (ge)
and, (gf)
and (gg) and all moneys transferred to this appropriation account
7from the appropriation account under par. (gh) for the payment of benefits specified
8in s. 108.07 (5) and
1987 Wisconsin Act 38, section
132 (1) (c), for the payment of
9interest to employers under s. 108.17 (3m)
and, for the payment of interest due on
10advances from the federal unemployment account under title XII of the social
11security act to the unemployment reserve fund, and for payments made to the
12unemployment reserve fund to obtain a lower interest rate or deferral of interest
13payments on these advances, except as otherwise provided in s. 108.20, and for the
14payment of career counseling center grants under s. 106.14.
SB327,12,143
20.445
(1) (gd)
Unemployment interest and penalty payments. From the
4moneys received as interest and penalties collected under ss. 108.04 (11) (c) and
5108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all
6moneys not appropriated under par. (ge)
and, (gf)
and (gg) and all moneys transferred
7to this appropriation account from the appropriation account under par. (gh) for the
8payment of benefits specified in s. 108.07 (5) and
1987 Wisconsin Act 38, section
132 9(1) (c), for the payment of interest to employers under s. 108.17 (3m)
and, for the
10payment of interest due on advances from the federal unemployment account under
11title XII of the social security act to the unemployment reserve fund, and for
12payments made to the unemployment reserve fund to obtain a lower interest rate or
13deferral of interest payments on these advances, except as otherwise provided in s.
14108.20, and for payment of career counseling center grants under s. 106.14.
SB327,13,317
20.445
(1) (gd)
Unemployment interest and penalty payments. From the
18moneys received as interest and penalties collected under ss. 108.04 (11) (c) and
19108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all
20moneys not appropriated under par. (ge)
and, (gf)
and (gg) and all moneys transferred
21to this appropriation account from the appropriation account under par. (gh) for the
22payment of benefits specified in s. 108.07 (5) and
1987 Wisconsin Act 38, section
132 23(1) (c), for the payment of interest to employers under s. 108.17 (3m)
and, for the
24payment of interest due on advances from the federal unemployment account under
25title XII of the social security act to the unemployment reserve fund, and for
1payments made to the unemployment reserve fund to obtain a lower interest rate or
2deferral of interest payments on these advances, except as otherwise provided in s.
3108.20.
SB327, s. 11
4Section
11. 20.445 (1) (gf) of the statutes is amended to read:
SB327,13,125
20.445
(1) (gf)
Employment security administration. From the moneys received
6as interest and penalties collected under ss. 108.04 (11) (c) and (13) (c) and 108.22,
7the amounts in the schedule for the administration of employment service programs
8and unemployment
compensation insurance programs under ch. 108 and s. 106.09
9and federal or state unemployment
compensation insurance programs authorized by
10the governor under s. 16.54; and for payments to satisfy any federal audit exception
11concerning a payment from the unemployment reserve fund or any federal aid
12disallowance involving the unemployment
compensation
insurance program.
SB327, s. 12
13Section
12. 20.445 (1) (gg) of the statutes is created to read:
SB327,13,1714
20.445
(1) (gg)
Unemployment information technology systems; interest and
15penalties. From the moneys received as interest and penalties collected under ss.
16108.04 (11) (c) and (13) (c) and 108.22, as a continuing appropriation, the amounts
17in the schedule for the purpose specified in s. 108.19 (1e).
SB327, s. 13
18Section
13. 20.445 (1) (gh) of the statutes is created to read:
SB327,13,2319
20.445
(1) (gh)
Unemployment information technology systems; assessments.
20All moneys received from assessments levied under s. 108.19 (1e) and 1997
21Wisconsin Act .... (this act), section 164 (2), for the purpose specified in s. 108.19 (1e).
22The treasurer of the unemployment reserve fund may transfer moneys from this
23appropriation account to the appropriation account under par. (gd).
SB327, s. 14
24Section
14. 20.445 (1) (n) of the statutes is amended to read:
SB327,14,11
120.445
(1) (n)
Unemployment administration; federal moneys. All federal
2moneys received for the employment service under s. 106.09 (4) to (6)
or, for the
3administration of unemployment
compensation under ch. 108, and any federal
4moneys paid to the department insurance or for the performance of
its the
5department's functions under ch. 108,
and for its conduct of public employment
6offices consistent with s. 106.09 (4) to (6), and for its other efforts to regularize
7employment
;, to pay the compensation and expenses of appeal tribunals and of
8councils
; and to pay allowances stimulating education during unemployment
, to be
9used for such purposes, and to transfer to par. (nb) an amount determined by the
10treasurer of the unemployment reserve fund not exceeding the lesser of the amount
11specified in s. 108.161 (4) (d) or the amounts in the schedule under par. (nb).
SB327, s. 15
12Section
15. 20.445 (1) (nb) of the statutes is created to read:
SB327,14,2413
20.445
(1) (nb)
Unemployment information technology systems; federal moneys. 14The amounts in the schedule, as authorized by the governor for this purpose under
15s. 16.54, for the purpose specified in s. 108.19 (1e). All moneys transferred from par.
16(n) for this purpose shall be credited to this appropriation account. Notwithstanding
17s. 20.001 (3) (a), the treasurer of the unemployment reserve fund shall transfer any
18unencumbered balance in this appropriation account that is not needed or available
19to carry out the purpose of this appropriation to the appropriation account under par.
20(n). No moneys may be expended from this appropriation unless the treasurer of the
21unemployment reserve fund determines that such expenditure is currently needed
22for the purpose specified in s. 108.19 (1e). No moneys may be encumbered from this
23appropriation account after the beginning of the 3rd 12-month period beginning
24after the effective date of this paragraph .... [revisor inserts date].
SB327, s. 16
25Section
16. 40.02 (22) (b) 3. of the statutes is amended to read:
SB327,15,1
140.02
(22) (b) 3. Unemployment
compensation insurance benefits.
SB327, s. 17
2Section
17. 40.65 (5) (b) 2. of the statutes is amended to read: