SB255,18,2118 108.04 (11) (d) In addition to other remedies, the department may, by civil
19action, recover any benefits obtained by means of any false statement or
20representation or any administrative assessment imposed under par. (cm). Chapter
21778 does not apply to collection of any benefits or assessment under this paragraph
.
SB255, s. 29 22Section 29. 108.04 (13) (d) of the statutes is amended to read:
SB255,19,223 108.04 (13) (d) 1. If the department finds that any benefits charged to an
24employer's account have been erroneously paid to an employe without fault by the

1employer, the department shall notify the employe and the employer of the erroneous
2payment.
SB255,19,5 32. If recovery of an overpayment is permitted under s. 108.22 (8) (c) and benefits
4are currently payable to the employe from the employer's account, the department
5may correct the error by adjusting the benefits accordingly.
SB255,19,9 63. To correct any erroneous payment not so adjusted , whenever recovery of an
7overpayment is permitted under s. 108.22 (8) (c)
that was charged to the account of
8an employer that is subject to the contribution requirements of ss. 108.17 and 108.18
,
9the department shall:
SB255,19,15 10a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), restore the
11proper amount to the employer's account and charge that amount to the fund's
12balancing account, and shall thereafter reimburse the balancing account by
13crediting to it benefits which would otherwise be payable to, or cash recovered from,
14the employe, unless the employer is a government unit or nonprofit organization
15which has elected reimbursement financing.
or;
SB255,19,19 164. To correct any erroneous payment not so adjusted from the account of an
17employer which is a government unit or a nonprofit organization and which has
18elected reimbursement financing, whenever recovery of an overpayment is
19permitted under s. 108.22 (8) (c),
the department shall:
SB255,19,22 20a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), credit to
21the account benefits which would otherwise be payable to, or cash received from, the
22employe; or
SB255,19,25 23b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore
24the proper amount to the employer's account and charge that amount in accordance
25with s. 108.07 (5)
.
SB255, s. 30
1Section 30. 108.04 (13) (d) 3. b. of the statutes is created to read:
SB255,20,42 108.04 (13) (d) 3. b. If recovery of an overpayment is not permitted under s.
3108.22 (8) (c), restore the proper amount to the employer's account and charge that
4amount to the fund's balancing account unless s. 108.07 (5) (c) applies.
SB255, s. 31 5Section 31. 108.05 (1) (h) and (i) of the statutes are repealed.
SB255, s. 32 6Section 32. 108.05 (1) (j) (intro.) of the statutes is amended to read:
SB255,20,207 108.05 (1) (j) (intro.) Each eligible employe shall be paid benefits for each week
8of total unemployment which commences on or after January 3, 1999, and before
9April 2, 2000,
at the weekly benefit rate specified in this paragraph. Unless sub. (1m)
10applies, the weekly benefit rate shall equal 4% of the employe's base period wages
11which were paid during that quarter of the employe's base period in which the
12employe was paid the highest total wages, rounded down to the nearest whole dollar,
13except that if that amount is less than the minimum amount shown in the following
14schedule, no benefits are payable to the employe and if that amount is more than the
15maximum amount shown in the following schedule, the employe's weekly benefit
16rate shall be the maximum amount shown in the following schedule and except that
17if the employe's benefits are exhausted during any week under s. 108.06 (1), the
18employe shall be paid the remaining amount of benefits payable to the employe in
19lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (j)
20following]
SB255, s. 33 21Section 33. 108.05 (1) (k) and (L) of the statutes are created to read:
SB255,21,1022 108.05 (1) (k) Each eligible employe shall be paid benefits for each week of total
23unemployment which commences on or after April 2, 2000, and before October 1,
242000, at the weekly benefit rate specified in this paragraph. Unless sub. (1m)
25applies, the weekly benefit rate shall equal 4% of the employe's base period wages

1which were paid during that quarter of the employe's base period in which the
2employe was paid the highest total wages, rounded down to the nearest whole dollar,
3except that if that amount is less than the minimum amount shown in the following
4schedule, no benefits are payable to the employe and if that amount is more than the
5maximum amount shown in the following schedule, the employe's weekly benefit
6rate shall be the maximum amount shown in the following schedule and except that
7if the employe's benefits are exhausted during any week under s. 108.06 (1), the
8employe shall be paid the remaining amount of benefits payable to the employe in
9lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (k)
10following]
SB255,21,12 12Figure 108.05 (1) (k):
SB255,33,22 (L) Each eligible employe shall be paid benefits for each week of total
3unemployment which commences on or after October 1, 2000, at the weekly benefit
4rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate
5shall equal 4% of the employe's base period wages which were paid during that
6quarter of the employe's base period in which the employe was paid the highest total
7wages, rounded down to the nearest whole dollar, except that if that amount is less
8than the minimum amount shown in the following schedule, no benefits are payable
9to the employe and if that amount is more than the maximum amount shown in the
10following schedule, the employe's weekly benefit rate shall be the maximum amount
11shown in the following schedule and except that if the employe's benefits are
12exhausted during any week under s. 108.06 (1), the employe shall be paid the

1remaining amount of benefits payable to the employe in lieu of the amount shown
2in the following schedule: [See Figure 108.05 (1) (L) following]
SB255,33,4 4Figure 108.05 (1) (L):
SB255, s. 34 2Section 34. 108.05 (3) (a) of the statutes is amended to read:
SB255,45,33 108.05 (3) (a) Except as provided in par. pars. (b) and (c), if an eligible employe
4earns wages in a given week, the first $30 of the wages shall be disregarded and the
5employe's applicable weekly benefit payment shall be reduced by 67% of the
6remaining amount, except that no such employe is eligible for benefits if the
7employe's benefit payment would be less than $5 for any week. For purposes of this
8paragraph, "wages" includes any salary reduction amounts earned that are not
9wages and that are deducted from the salary of a claimant by an employer pursuant
10to a salary reduction agreement under a cafeteria plan, within the meaning of 26
11USC 125
, and any amount that a claimant would have earned in available work
12which is treated as wages under s. 108.04 (1) (a), but excludes any amount that a
13claimant earns for services performed as a volunteer fire fighter or volunteer

1emergency medical technician. In applying this paragraph, the department shall
2disregard discrepancies of less than $2 between wages reported by employes and
3employers.
SB255, s. 35 4Section 35. 108.05 (3) (c) of the statutes is created to read:
SB255,45,65 108.05 (3) (c) A claimant is ineligible to receive any benefits for a week in which
6the claimant works a total of 40 or more hours for one or more employing units.
SB255, s. 36 7Section 36. 108.06 (2) (cm) of the statutes is created to read:
SB255,45,118 108.06 (2) (cm) If an employe qualifies to receive benefits using the base period
9described in s. 108.02 (4) (b), the wages used to compute the employe's benefit
10entitlement are not available for use in any subsequent benefit computation for the
11same employe, except under s. 108.141 or 108.142.
SB255, s. 37 12Section 37. 108.09 (2) (bm) of the statutes is amended to read:
SB255,45,1613 108.09 (2) (bm) In determining whether an individual meets the conditions
14specified in s. 108.02 (12) (b) 2. a. or b. or (bm) 1. or 2., the department shall not
15consider documents granting operating authority or licenses, or any state or federal
16laws or federal regulations granting such authority or licenses.
SB255, s. 38 17Section 38. 108.09 (4s) of the statutes is amended to read:
SB255,45,2218 108.09 (4s) Employe status. In determining whether an individual meets the
19conditions specified in s. 108.02 (12) (b) 2. a. or b. or (bm) 1. or 2., the appeal tribunal
20shall not take administrative notice of or admit into evidence documents granting
21operating authority or licenses, or any state or federal laws or federal regulations
22granting such authority or licenses.
SB255, s. 39 23Section 39. 108.095 of the statutes is created to read:
SB255,46,5 24108.095 False statements or representations to obtain benefits payable
25to other persons.
(1) The procedures under this section apply to any issue arising

1under this chapter concerning any alleged false statement or representation of a
2person to obtain benefits that are payable to another person, and are in addition to
3any determination, decision or other procedure provided under s. 108.09. The
4procedures under this section apply whether or not a penalty for an offense is
5provided under s. 108.24.
SB255,46,14 6(2) The department shall investigate whether any person has obtained benefits
7that were payable to another person by means of any false statement or
8representation, and may issue an initial determination concerning its findings. The
9department shall mail a copy of the determination to the last-known address of each
10party affected thereby. Unless designated by a determination under this section, an
11employing unit is not a party to the determination. The department may set aside
12or amend the determination at any time prior to a hearing concerning the
13determination under sub. (5) on the basis of subsequent information or to correct a
14mistake, including an error of law.
SB255,46,17 15(3) Any party to a determination may appeal that determination by requesting
16a hearing concerning any matter in that determination if the request is received by
17the department or postmarked within 14 days after the mailing.
SB255,46,19 18(4) Upon issuance of a determination, the department is a party to the
19determination.
SB255,46,21 20(5) Any hearing shall be held before an appeal tribunal appointed under s.
21108.09 (3). Section 108.09 (4) and (5) applies to the proceeding before the tribunal.
SB255,46,25 22(6) Any party may petition the commission for review of the decision of the
23appeal tribunal under s. 108.09 (6). The commission's authority to take action
24concerning any issue or proceeding under this section is the same as that provided
25in s. 108.09 (6).
SB255,47,6
1(7) Any party may commence an action for judicial review of a decision of the
2commission under this section, after exhausting the remedies provided under this
3section, by commencing the action within 30 days after the decision of the
4commission is mailed to the department and the last-known address of each other
5party. The scope and manner of judicial review is the same as that provided in s.
6108.09 (7).
SB255,47,9 7(8) The mailing of determinations and decisions under this section shall be first
8class and may include the use of services performed by the postal service requiring
9the payment of extra fees.
SB255, s. 40 10Section 40. 108.15 (3) (e) of the statutes is amended to read:
SB255,47,1611 108.15 (3) (e) Each time a government unit elects or reelects contribution
12financing its initial contribution rate shall be 2.7% on its payroll for each of the first
133 calendar years in which such election or reelection is in effect , plus any
14contributions payable under s. 108.18 (2) (b)
. If a government unit terminates its
15election of contribution financing it may not reelect contribution financing within a
16period of 3 calendar years thereafter.
SB255, s. 41 17Section 41. 108.151 (1) of the statutes is amended to read:
SB255,47,2318 108.151 (1) Employer's contribution rate. Each nonprofit organization which
19is or becomes an employer subject to this chapter shall be subject to all its provisions
20except as it may elect reimbursement financing in accordance with sub. (2). If such
21an approved election is terminated, the employer's contribution rate shall be 2.7%
22on its payroll for each of the next 3 calendar years, plus any contributions payable
23under s. 108.18 (2) (b)
.
SB255, s. 42 24Section 42. 108.16 (6) (e) of the statutes is amended to read:
SB255,48,6
1108.16 (6) (e) The amount of any benefit check duly issued and delivered or
2mailed to an employe, if such check has not been presented for payment within one
3year after its date of issue; provided that a substitute check may be issued and
4charged to the balancing account, at any time within the next following year if the
5employe makes application therefor within 6 years after the date of issue of the
6original check
;
SB255, s. 43 7Section 43. 108.16 (6m) (e) of the statutes is amended to read:
SB255,48,98 108.16 (6m) (e) Any overpayment of benefits that is written off under sub. (3),
9unless it is chargeable to an employer's account under s. 108.04 (13) (c) or (d).
SB255, s. 44 10Section 44. 108.161 (3e) of the statutes is created to read:
SB255,48,1311 108.161 (3e) Notwithstanding sub. (3), any moneys allocated under section 903
12of the federal Social Security Act for federal fiscal years 2000, 2001 and 2002 shall
13be used solely for unemployment insurance administration.
SB255, s. 45 14Section 45. 108.18 (2) (b) of the statutes is repealed.
SB255, s. 46 15Section 46. 108.18 (2) (c) of the statutes is amended to read:
SB255,48,2316 108.18 (2) (c) An employer engaged in the construction of roads, bridges,
17highways, sewers, water mains, utilities, public buildings, factories, housing, or
18similar construction projects shall pay contributions for each of the first 3 calendar
19years at the average rate for construction industry employers as determined by the
20department on each computation date, rounded up to the next highest rate, except
21as additional contributions apply under par. (b)
. This rate may in no case be more
22than the maximum rate specified in the schedule in effect for the year of the
23computation under sub. (4).
SB255, s. 47 24Section 47. 108.18 (9) (figure) Schedule C, line 1 of the statutes is amended
25to read:
SB255,49,1
1108.18 (9) (figure) Schedule C - See PDF for table PDF
SB255, s. 48 2Section 48. 108.18 (9) (figure) Schedule D, line 1 of the statutes is amended
3to read:
SB255,49,44 108.18 (9) (figure) Schedule D - See PDF for table PDF
SB255, s. 49 5Section 49. 108.19 (1e) (a) of the statutes is amended to read:
SB255,49,116 108.19 (1e) (a) Except as provided in par. (b), each employer, other than an
7employer which finances benefits under s. 108.15 or 108.151 shall, in addition to
8other contributions payable under s. 108.18 and this section, pay an assessment to
9the administrative account for each year prior to the year 2000 2002 equal to the
10lesser of 0.01% of its payroll for that year or the solvency contribution that would
11otherwise be payable by the employer under s. 108.18 (9) for that year.
SB255, s. 50 12Section 50. 108.19 (1e) (d) of the statutes is amended to read:
SB255,49,1713 108.19 (1e) (d) The department may expend the moneys received from
14assessments levied under this subsection for the design or development of renovation
15and modernization of the
unemployment insurance information technology systems
16tax and accounting system, including development and implementation of a new
17system and reengineering of automated processes and manual business functions
.
SB255, s. 51 18Section 51. 108.20 (3) of the statutes is amended to read:
SB255,49,2219 108.20 (3) There shall be included in the moneys governed by sub. (2m) any
20amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22
21(1) (a) and (ac) as tardy filing fees, forfeitures or, interest on delinquent payments or
22other penalties
and any excess moneys collected under s. 108.19 (1m).
SB255, s. 52
1Section 52. 108.20 (5) to (9) of the statutes are repealed.
SB255, s. 53 2Section 53. 108.205 (2) of the statutes is amended to read:
SB255,50,113 108.205 (2) All employers of 250 100 or more employes, as determined under
4s. 108.22 (1) (ae), shall file the quarterly report under sub. (1) using a medium an
5electronic medium
approved by the department for such employers. An employer
6that becomes subject to the reporting requirement under this subsection shall file its
7initial report under this subsection for the 4th quarter beginning after the quarter
8in which the employer becomes subject to the reporting requirement. Once an
9employer becomes subject to the reporting requirement under this subsection, the
10employer shall continue to file its quarterly reports under this subsection unless that
11requirement is waived by the department.
SB255, s. 54 12Section 54. 108.22 (1) (a) 1. of the statutes is amended to read:
SB255,50,1313 108.22 (1) (a) 1. For 1 to 100 employes, $15 $25.
SB255, s. 55 14Section 55. 108.22 (1) (a) 2. to 4. of the statutes are repealed.
SB255, s. 56 15Section 56. 108.22 (1) (a) 5. of the statutes is renumbered 108.22 (1) (a) 2. and
16amended to read:
SB255,50,1717 108.22 (1) (a) 2. For more than 400 100 employes, $115 $75.
SB255, s. 57 18Section 57. 108.22 (1) (ac) of the statutes is created to read:
SB255,50,2319 108.22 (1) (ac) In addition to any fee assessed under par. (a), an employer that
20is subject to the reporting requirement under s. 108.205 (2) and that fails to file its
21report in a format prescribed under that subsection may be assessed a penalty of $10
22for each employe whose information is not reported in a format prescribed under s.
23108.205 (2).
SB255, s. 58 24Section 58. 108.22 (1) (b) of the statutes is amended to read:
SB255,51,4
1108.22 (1) (b) If the due date of a report or payment under s. 108.15 (5) (b),
2108.151 (5) (f),
108.16 (8), 108.17 (2) or 108.205 would otherwise be a Saturday,
3Sunday or legal holiday under state or federal law, the due date is the next following
4day which is not a Saturday, Sunday or legal holiday under state or federal law.
SB255, s. 59 5Section 59. 108.22 (1) (c) of the statutes is amended to read:
SB255,51,146 108.22 (1) (c) Any report or payment, except a payment required by s. 108.15
7(5) (b) or 108.151 (5) (f), to which this subsection applies is delinquent, within the
8meaning of par. (a), unless it is received by the department, in the form prescribed
9by law or rule of the department, no later than its due date as determined under par.
10(b), or if mailed is either postmarked no later than that due date or is received by the
11department no later than 3 days after that due date. Any payment required by s.
12108.15 (5) (b) or 108.151 (5) (f) is delinquent, within the meaning of par. (a), unless
13it is received by the department, in the form prescribed by law, no later than its due
14date
the last day of the month in which it is due.
SB255, s. 60 15Section 60. 108.22 (8) (c) 1. a. of the statutes is amended to read:
SB255,51,1816 108.22 (8) (c) 1. a. The overpayment was the result of a departmental error,
17whether or not an
and was not the fault of any employer is also at fault under s.
18108.04 (13) (f); and
SB255, s. 61 19Section 61 . Nonstatutory provisions.
SB255,51,2020 (1) Definitions. In this Section:
SB255,51,2121 (a) "Department" means the department of workforce development.
SB255,51,2222 (b) "Employer" has the meaning given in section 108.02 (13) of the statutes.
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