(3) Any party to a determination may appeal that determination by requesting a hearing concerning any matter in that determination if the request is received by the department or postmarked within 14 days after the mailing.
(4) Upon issuance of a determination, the department is a party to the determination.
(5) Any hearing shall be held before an appeal tribunal appointed under s. 108.09 (3). Section 108.09 (4) and (5) applies to the proceeding before the tribunal.
(6) Any party may petition the commission for review of the decision of the appeal tribunal under s. 108.09 (6). The commission's authority to take action concerning any issue or proceeding under this section is the same as that provided in s. 108.09 (6).
(7) Any party may commence an action for judicial review of a decision of the commission under this section, after exhausting the remedies provided under this section, by commencing the action within 30 days after the decision of the commission is mailed to the department and the last-known address of each other party. The scope and manner of judicial review is the same as that provided in s. 108.09 (7).
(8) The mailing of determinations and decisions under this section shall be first class and may include the use of services performed by the postal service requiring the payment of extra fees.
15,40
Section
40. 108.15 (3) (e) of the statutes is amended to read:
108.15 (3) (e) Each time a government unit elects or reelects contribution financing its initial contribution rate shall be 2.7% on its payroll for each of the first 3 calendar years in which such election or reelection is in effect, plus any contributions payable under s. 108.18 (2) (b). If a government unit terminates its election of contribution financing it may not reelect contribution financing within a period of 3 calendar years thereafter.
15,41
Section
41. 108.151 (1) of the statutes is amended to read:
108.151 (1) Employer's contribution rate. Each nonprofit organization which is or becomes an employer subject to this chapter shall be subject to all its provisions except as it may elect reimbursement financing in accordance with sub. (2). If such an approved election is terminated, the employer's contribution rate shall be 2.7% on its payroll for each of the next 3 calendar years, plus any contributions payable under s. 108.18 (2) (b).
15,42
Section
42. 108.16 (6) (e) of the statutes is amended to read:
108.16 (6) (e) The amount of any benefit check duly issued and delivered or mailed to an employe, if such check has not been presented for payment within one year after its date of issue; provided that a substitute check may be issued and charged to the balancing account, at any time within the next following year
if the employe makes application therefor within 6 years after the date of issue of the original check;
15,43
Section
43. 108.16 (6m) (e) of the statutes is amended to read:
108.16 (6m) (e) Any overpayment of benefits that is written off under sub. (3), unless it is chargeable to an employer's account under s. 108.04 (13) (c) or (d).
15,44
Section
44. 108.161 (3e) of the statutes is created to read:
108.161 (3e) Notwithstanding sub. (3), any moneys allocated under section 903 of the federal Social Security Act for federal fiscal years 2000, 2001 and 2002 shall be used solely for unemployment insurance administration.
15,45
Section
45. 108.18 (2) (b) of the statutes is repealed.
15,46
Section
46. 108.18 (2) (c) of the statutes is amended to read:
108.18 (2) (c) An employer engaged in the construction of roads, bridges, highways, sewers, water mains, utilities, public buildings, factories, housing, or similar construction projects shall pay contributions for each of the first 3 calendar years at the average rate for construction industry employers as determined by the department on each computation date, rounded up to the next highest rate, except as additional contributions apply under par. (b). This rate may in no case be more than the maximum rate specified in the schedule in effect for the year of the computation under sub. (4).
15,47
Section
47. 108.18 (9) (figure) Schedule C, line 1 of the statutes is amended to read:
108.18
(9) (figure) Schedule C
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15,48
Section
48. 108.18 (9) (figure) Schedule D, line 1 of the statutes is amended to read:
108.18
(9) (figure) Schedule D
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15,49
Section
49. 108.19 (1e) (a) of the statutes is amended to read:
108.19 (1e) (a) Except as provided in par. (b), each employer, other than an employer which finances benefits under s. 108.15 or 108.151 shall, in addition to other contributions payable under s. 108.18 and this section, pay an assessment to the administrative account for each year prior to the year 2000 2002 equal to the lesser of 0.01% of its payroll for that year or the solvency contribution that would otherwise be payable by the employer under s. 108.18 (9) for that year.
15,50
Section
50. 108.19 (1e) (d) of the statutes is amended to read:
108.19 (1e) (d) The department may expend the moneys received from assessments levied under this subsection for the design or development of renovation and modernization of the unemployment insurance information technology systems tax and accounting system, including development and implementation of a new system and reengineering of automated processes and manual business functions.
15,51
Section
51. 108.20 (3) of the statutes is amended to read:
108.20 (3) There shall be included in the moneys governed by sub. (2m) any amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22 (1) (a) and (ac) as tardy filing fees, forfeitures
or, interest on delinquent payments or other penalties and any excess moneys collected under s. 108.19 (1m).
15,52
Section
52. 108.20 (5) to (9) of the statutes are repealed.
15,53
Section
53. 108.205 (2) of the statutes is amended to read:
108.205 (2) All employers of 250 100 or more employes, as determined under s. 108.22 (1) (ae), shall file the quarterly report under sub. (1) using a medium an electronic medium approved by the department for such employers. An employer that becomes subject to the reporting requirement under this subsection shall file its initial report under this subsection for the 4th quarter beginning after the quarter in which the employer becomes subject to the reporting requirement. Once an employer becomes subject to the reporting requirement under this subsection, the employer shall continue to file its quarterly reports under this subsection unless that requirement is waived by the department.
15,54
Section
54. 108.22 (1) (a) 1. of the statutes is amended to read:
108.22 (1) (a) 1. For 1 to 100 employes, $15 $25.
15,55
Section
55. 108.22 (1) (a) 2. to 4. of the statutes are repealed.
15,56
Section
56. 108.22 (1) (a) 5. of the statutes is renumbered 108.22 (1) (a) 2. and amended to read:
108.22 (1) (a) 2. For more than 400
100 employes, $115 $75.
15,57
Section
57. 108.22 (1) (ac) of the statutes is created to read:
108.22 (1) (ac) In addition to any fee assessed under par. (a), an employer that is subject to the reporting requirement under s. 108.205 (2) and that fails to file its report in a format prescribed under that subsection may be assessed a penalty of $10 for each employe whose information is not reported in a format prescribed under s. 108.205 (2).
15,58
Section
58. 108.22 (1) (b) of the statutes is amended to read:
108.22 (1) (b) If the due date of a report or payment under s. 108.15 (5) (b), 108.151 (5) (f), 108.16 (8), 108.17 (2) or 108.205 would otherwise be a Saturday, Sunday or legal holiday under state or federal law, the due date is the next following day which is not a Saturday, Sunday or legal holiday under state or federal law.
15,59
Section
59. 108.22 (1) (c) of the statutes is amended to read:
108.22 (1) (c) Any report or payment, except a payment required by s. 108.15 (5) (b) or 108.151 (5) (f), to which this subsection applies is delinquent, within the meaning of par. (a), unless it is received by the department, in the form prescribed by law or rule of the department, no later than its due date as determined under par. (b), or if mailed is either postmarked no later than that due date or is received by the department no later than 3 days after that due date. Any payment required by s. 108.15 (5) (b) or 108.151 (5) (f) is delinquent, within the meaning of par. (a), unless it is received by the department, in the form prescribed by law, no later than its due date
the last day of the month in which it is due.
15,60
Section
60. 108.22 (8) (c) 1. a. of the statutes is amended to read:
108.22 (8) (c) 1. a. The overpayment was the result of a departmental error, whether or not an and was not the fault of any employer is also at fault under s. 108.04 (13) (f); and
15,61
Section
61
.
Nonstatutory 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) Notice of levy for year 2000. Notwithstanding section 108.19 (1e) (b) of the statutes, if this subsection takes effect after October 31, 1999, the department may, no later than the 30th 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 2000.
15,62
Section
62.
Initial applicability.
(1) The treatment of sections 108.02 (4) and 108.06 (2) (cm) of the statutes first applies to benefit years beginning on July 2, 2000.
(2) The treatment of sections 108.02 (12) (a), (b) (intro.) and (bm) and 108.09 (2) (bm) and (4s) (with respect to contribution requirements) of the statutes first applies to services performed on January 1, 2000.
(3) The treatment of sections 108.02 (12) (a), (b) (intro.) and (bm) and 108.09 (2) (bm) and (4s) (with respect to benefit eligibility) of the statutes first applies to benefit years beginning on April 2, 2000.
(4) The treatment of section 108.04 (1) (b) 2. and (c) of the statutes first applies with respect to leaves of absence commencing on April 2, 2000.
(5) The treatment of section 108.04 (2) (a) 1., 2. and 3. of the statutes first applies with respect to weeks of unemployment beginning on April 2, 2000.
(6) The treatment of section 108.04 (7) (b), (cm), (h), (i) and (s) of the statutes first applies with respect to terminations commencing on April 2, 2000.
(7) The treatment of sections 108.04 (11) (cm) and 108.095 of the statutes first applies with respect to false statements and representations made on April 2, 2000.
(8) The treatment of section 108.05 (3) (a) and (c) of the statutes first applies with respect to weeks of unemployment beginning on April 2, 2000.
(9) The treatment of section 108.16 (6) (e) of the statutes first applies with respect to unemployment insurance benefit checks issued on January 1, 1995.
(10) The treatment of section 108.22 (1) (b) and (c) of the statutes first applies to reimbursements billed in the month following the month that includes the effective date of this subsection.
(11) The treatment of section 108.18 (9) (figure) Schedule C and Schedule D of the statutes first applies with respect to payrolls beginning on January 1, 2000.
(12) The treatment of sections 108.20 (3), 108.205 (2) and 108.22 (1) (a) 1. to 5. and (ac) of the statutes first applies with respect to reports due for the calendar quarter ending on March 31, 2000.
15,63
Section
63.
Effective dates. This act takes effect on the first Sunday after publication, except as follows:
(1) The treatment of sections 108.02 (12) (a), (b) (intro.) and (bm), 108.09 (2) (bm) and (4s), 108.15 (3) (e), 108.151 (1) and 108.18 (2) (b) and (c) of the statutes takes effect on January 1, 2000.