SB426: Bill Text

SB426, s. 42 Section 42. 108.151 (8) of the statutes is created to read:

SB426,55,3 108.151 (8) Reports. Each nonprofit organization that is an employer shall make employment and wage reports to the department under the same conditions that apply to other employers.

SB426, s. 43 Section 43. 108.152 (7) of the statutes is created to read:

SB426,55,7 108.152 (7) Reports. Each Indian tribe that is an employer shall make employment and wage reports to the department under the same conditions that apply to other employers.

SB426, s. 44 Section 44. 108.16 (6m) (a) of the statutes is amended to read:

SB426,55,11 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), (6), or (8), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

SB426, s. 45 Section 45. 108.16 (6w) and (6x) of the statutes are created to read:

SB426,55,15 108.16 (6w) The department shall maintain within the fund an uncollectible reimbursable benefits account to which the department shall credit all amounts received from employers under s. 108.151 (7).

SB426,55,20 (6x) The department shall charge to the uncollectible reimbursable benefits account the amount of any benefits paid from the balancing account that are reimbursable under s. 108.151 but for which the department does not receive reimbursement after the department exhausts all reasonable remedies for collection of the amount.

SB426, s. 46 Section 46. 108.16 (8) (e) 1. of the statutes is amended to read:

SB426,56,3 108.16 (8) (e) 1. At the time of business transfer, the transferor and the transferee are owned, managed, or controlled in whole or in substantial part, either directly or indirectly by legally enforceable means or otherwise, by the same interest or interests. Without limitation by reason of enumeration, it is presumed unless shown to the contrary that the "same interest or interests" includes the spouse, child, or parent of the individual who owned, managed or controlled the business, or any combination of more than one of them.

SB426, s. 47 Section 47. 108.16 (8) (em) of the statutes is created to read:

SB426,56,13 108.16 (8) (em) If, after the transferee of a business has been deemed a successor under par. (e), the department determines that a substantial purpose of the transfer of the business was to obtain a reduced contribution rate, then the department shall treat the transfer as having no effect for purposes of this chapter and shall, retroactively to the date of the transfer, reassign to the transferor all aspects of the transferor's account experience and liability that had been assigned to the transferee, together with all aspects of the transferee's account experience related to the transferred business, and shall recompute the transferor's contribution rate as provided in par. (h).

SB426, s. 48 Section 48. 108.16 (8) (h) of the statutes is amended to read:

SB426,56,25 108.16 (8) (h) The department shall determine or redetermine the contribution rate for a successor subject to this chapter immediately prior to the date of the transfer shall be redetermined, as of the applicable computation date, to apply to the calendar year following the date of transfer and the successor effective as of the beginning of the first quarter following the date of the transfer of the business. The department shall thereafter be redetermined redetermine the contribution rate whenever required by s. 108.18. For the purposes of s. 108.18, the department shall determine the experience under this chapter of the successor's account by allocating to the successor's account for each period in question the respective proportions of the transferor's payroll and benefits which the department determines to be properly assignable to the business transferred.

SB426, s. 49 Section 49. 108.16 (8) (im) of the statutes is created to read:

SB426,57,14 108.16 (8) (im) Notwithstanding pars. (b) to (i), a transferee who is not subject to this chapter on the date of transfer of a business shall not be deemed a successor to the transferor if the department determines that the transfer occurred solely or primarily for the purpose of obtaining a lower contribution rate for the transferee than the rate that would otherwise apply if the transferee were deemed a new employer. In determining whether a business was transferred solely or primarily for the purpose of obtaining a lower contribution rate for the transferee than the rate that would otherwise apply, the department shall use objective factors, which may include the cost of acquiring the business, whether the transferee continued the business enterprise of the transferred business, the length of time that the business enterprise was continued, or whether a substantial number of new employees were hired for the performance of duties unrelated to the business activity conducted by the transferor prior to the transfer.

SB426, s. 50 Section 50. 108.16 (8) (m) to (o) of the statutes are created to read:

SB426,57,22 108.16 (8) (m) If any person knowingly makes or attempts to make a false statement or representation to the department in connection with any investigation to determine whether an employer qualifies to be deemed a successor under par. (e) or (im) or any other provision of this chapter for the purpose of determining the assignment of a contribution rate, or if any person knowingly advises another person to do so, including by willful evasion, nondisclosure, or misrepresentation, the person is subject to the following penalties:

SB426,58,6 1. If the person is an employer, then the department shall assign the employer the highest contribution rate assignable under this chapter for the year, during which the violation or attempted violation occurs and the 3 succeeding years, except that if the department assigns the employer the highest contribution rate for any such year under other provisions of this chapter or if the increase in the employer's contribution rate under this subdivision would be less than 2 percent on its payroll for any year, then the department shall increase the employer's contribution rate by 2 percent on its payroll for each year in which a penalty applies under this subdivision.

SB426,58,8 2. If the person is not an employer, the person may be required to forfeit not more than $5,000.

SB426,58,9 3. The person is guilty of a Class A misdemeanor.

SB426,58,11 (n) The department shall utilize uniform procedures to identify businesses that are transferred under this subsection.

SB426,58,14 (o) Paragraphs (e) 1., (em), (h), (im), and (m) shall be interpreted and applied, insofar as possible, to meet the minimum requirements of any guidance issued by or regulations promulgated by the U.S. department of labor.

SB426, s. 51 Section 51. 108.17 (2b) of the statutes is created to read:

SB426,58,23 108.17 (2b) The department shall prescribe a form and methodology for filing contribution reports under sub. (2) electronically using the Internet. Each employer of 50 or more employees, as determined under s. 108.22 (1) (ae), that does not use an employer agent to file its contribution reports under this section shall file its contribution reports electronically using the Internet on the form prescribed by the department. Once an employer becomes subject to the reporting requirements under this subsection, it shall continue to file its reports under this subsection unless that requirement is waived by the department.

SB426, s. 52 Section 52. 108.17 (2g) of the statutes is amended to read:

SB426,59,11 108.17 (2g) An employer agent that prepares reports under sub. (2) on behalf of less than 25 employers shall file those reports electronically using the Internet on the form prescribed by the department under sub. (2b). An employer agent that files prepares reports under sub. (2) on behalf of 25 or more employers shall file those reports using an electronic medium and format approved by the department. An employer agent that becomes subject to the reporting requirement under this subsection shall file its initial reports under this subsection for the 4th quarter beginning after the quarter in which the employer agent becomes subject to the reporting requirement. Once an employer agent becomes subject to the reporting requirement under this subsection, the employer agent shall continue to file its reports under this subsection unless that requirement is waived by the department.

SB426, s. 53 Section 53. 108.18 (1) (a) of the statutes is amended to read:

SB426,59,16 108.18 (1) (a) Each Unless a penalty applies under s. 108.16 (8) (m), each employer shall pay contributions to the fund for each calendar year at whatever rate on the employer's payroll for that year duly applies to the employer pursuant to this section.

SB426, s. 54 Section 54. 108.18 (2) (d) of the statutes is amended to read:

SB426,60,10 108.18 (2) (d) No later than 90 days after the department issues an initial determination that a person is an employer, any employer other than an employer specified in par. (c), having a payroll exceeding $10,000,000 in a calendar year may elect that its contribution rate shall be one percent on its payroll for the first 3 calendar years with respect to which contributions are credited to its account. In such case, the department shall credit the amount collected in excess of this amount against liability of the employer for future contributions after the close of each calendar year in which an election applies. If an employer qualifies for and makes an election under this paragraph, the employer shall, upon notification by the department, make a special contribution after the close of each quarter equivalent to the amount by which its account is overdrawn, if any, for the preceding quarter. The department shall credit any timely payment of contributions to the employer's account before making a determination of liability for a special contribution under this paragraph. An employer does not qualify for an alternate contribution rate under this paragraph at any time during which the employer's special contribution payment is delinquent. An employer that is the transferee of a business enterprise but does not qualify to be treated as a successor under s. 108.16 (8) (im) does not qualify for an alternate contribution rate under this paragraph.

SB426, s. 55 Section 55. 108.20 (2m) of the statutes is amended to read:

SB426,61,2 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf) and, (gg), and (gi) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

SB426, s. 56 Section 56. 108.205 (1m) of the statutes is created to read:

SB426,61,5 108.205 (1m) (a) The department shall prescribe a form and methodology for filing reports under sub. (1) electronically using the Internet.

SB426,61,7 (b) Each employer agent shall file its reports electronically in the form prescribed by the department.

SB426, s. 57 Section 57. 108.205 (2) of the statutes is amended to read:

SB426,61,17 108.205 (2) All employers of 100 50 or more employees, as determined under s. 108.22 (1) (ae), shall file the quarterly report under sub. (1) using 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.

SB426, s. 58 Section 58. 108.22 (1) (ac) of the statutes is amended to read:

SB426,61,23 108.22 (1) (ac) In addition to any fee assessed under par. (a), the department may assess an employer or employer agent 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 employee whose information is not reported in a format prescribed under s. 108.205 (1m) (b) or (2).

SB426, s. 59 Section 59. 108.22 (1) (ad) of the statutes is renumbered 108.22 (1) (ad) 1.

SB426, s. 60 Section 60. 108.22 (1) (ad) 2. of the statutes is created to read:

SB426,62,4 108.22 (1) (ad) 2. An employer that is subject to the reporting requirements under s. 108.17 (2b) and that fails to file a contribution report in accordance with s. 108.17 (2b) may be assessed a penalty by the department in the amount of $25 for each report that is not filed in accordance with s. 108.17 (2b).

SB426, s. 61 Section 61. 108.22 (1) (b) of the statutes is amended to read:

SB426,62,9 108.22 (1) (b) If the due date of a report or payment under s. 108.15 (5) (b), 108.151 (5) (f) or (7), 108.16 (8), 108.17, 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.

SB426, s. 62 Section 62. 108.22 (1) (c) of the statutes is amended to read:

SB426,62,19 108.22 (1) (c) Any report or payment, except a payment required by s. 108.15 (5) (b) or 108.151 (5) (f) or (7), 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) or (7) is delinquent, within the meaning of par. (a), unless it is received by the department, in the form prescribed by law, no later than the last day of the month in which it is due.

SB426, s. 63 Section 63. 108.22 (1m) of the statutes is amended to read:

SB426,63,9 108.22 (1m) If an employer owes any contributions, reimbursements or assessments under s. 108.15 or 108.151, interest, fees, or payments for forfeitures or other penalties to the department under this chapter and fails to pay the amount owed, the department has a perfected lien upon the employer's right, title, and interest in all of its real and personal property located in this state in the amount finally determined to be owed, plus costs. Except where creation of a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective when the department issues a determination of the amount owed under s. 108.10 (1) and shall continue until the amount owed, plus costs and interest to the date of payment, is paid. If a lien is initially barred or stayed by bankruptcy or other insolvency law, it shall become effective immediately upon expiration or removal of such bar or stay. The perfected lien does not give the department priority over lienholders, mortgagees, purchasers for value, judgment creditors, and pledges whose interests have been recorded before the department's lien is recorded.

SB426, s. 64 Section 64. 108.22 (2) of the statutes is amended to read:

SB426,63,16 108.22 (2) (a) 1. If any employing unit or any individual who is found personally liable under sub. (9) fails to pay to the department any amount found to be due it in proceedings pursuant to s. 108.10, provided that no appeal or review permitted under s. 108.10 is pending and that the time for taking an appeal or review has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB426,63,20 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the employing unit or individual mentioned in the warrant and the amount of the contributions, interest, costs and other fees for which the warrant is issued and the date when such copy is entered.

SB426,63,24 3. A warrant entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the employing unit's or individual's right, title and interest in all real and personal property located in the county where the warrant is entered.

SB426,64,8 4. The department or any authorized representative may thereafter file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the employing unit or individual is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the employing unit or individual to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue thereof within 60 days after receipt of the warrant.

SB426,64,17 (b) The clerk of circuit court shall accept, file and enter each warrant under par. (a) and each satisfaction, release, or withdrawal under subs. (5), (6), and (8m) in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant and collected from the employing unit or individual when satisfaction or release is presented for entry.

SB426, s. 65 Section 65. 108.22 (8) (b) of the statutes is renumbered 108.22 (8) (b) 1. and amended to read:

SB426,64,25 108.22 (8) (b) 1. To recover any overpayment which is not otherwise repaid or recovery of which has not been waived, or any assessment under s. 108.04 (11) (cm), the department may recoup the amount of the overpayment from benefits the individual would otherwise be eligible to receive, or file a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers, or both, but only to the extent of recovering.

SB426,65,2 3. Any recovery under this paragraph is limited to the actual amount of the overpayment or assessment and any costs and disbursements, without interest.

SB426, s. 66 Section 66. 108.22 (8) (b) 2. of the statutes is created to read:

SB426,65,6 108.22 (8) (b) 2. To recover any assessment under s. 108.04 (11) (cm), the department may file a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers.

SB426, s. 67 Section 67. 108.225 (1) (a) of the statutes is amended to read:

SB426,65,11 108.225 (1) (a) "Contribution" includes a reimbursement or assessment under s. 108.15, 108.151, or 108.152, interest for a nontimely payment, fees, and any payment due for a forfeiture imposed upon an employing unit under s. 108.04 (11) (c) or other penalty assessed by the department under this chapter.

SB426, s. 68 Section 68. 108.225 (20) of the statutes is amended to read:

SB426,65,20 108.225 (20) Cost of levy. Any Whenever property is secured by means of a levy, any 3rd party in possession of the debtor's property is entitled to collect from the debtor a levy fee of $5 for each levy in any case where property is secured through the levy which a debt is satisfied by means of a single payment and $15 for each levy in which a debt is satisfied by means of more than one payment. The fee is payable from the property levied against and is in addition to the amount of the levy. The 3rd party shall deduct the fee from the proceeds of may charge the fee to the debtor at the time the party transfers the proceeds of the levy to the department.

SB426, s. 69 Section 69. 108.24 (2) of the statutes is amended to read:

SB426,66,4 108.24 (2) Any Except as provided in s. 108.16 (8) (m), any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter, shall be fined not less than $100 nor more than $500, or imprisoned not more than 90 days or both; and each such false statement or representation and every day of such refusal or failure constitutes a separate offense.

SB426, s. 70 Section 70. 165.066 of the statutes is created to read:

SB426,66,9 165.066 Assistant attorney general; unemployment insurance law enforcement. The attorney general shall assign at least 0.5 assistant attorney general position to assist in the investigation and prosecution of noncompliance with ch. 108.

SB426, s. 71 Section 71. 165.60 of the statutes is amended to read:

SB426,66,17 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

SB426, s. 72 Section 72. Nonstatutory provisions.

SB426,66,23 (1) Study of unemployment insurance fund. The department of workforce development shall study the long-term fiscal stability of the unemployment reserve fund and shall determine what measures, if any, are required to maintain that stability. The department shall report its findings and recommendations to the council on unemployment insurance no later than July 1, 2007.

SB426,67,2 (2) Authorized positions; department of justice. The authorized FTE positions for the department of justice are increased by 0.5 PR-S position on January 1, 2006, to be funded from the appropriation under section 20.455 (2) (k) of the statutes.

SB426, s. 73 Section 73. Initial applicability.

SB426,67,5 (1) The treatment of sections 108.02 (12) (a) and 108.09 (2) (bm) and (4s) of the statutes first applies with respect to employment after December 31, 2005.

SB426,67,7 (2) The treatment of section 108.02 (15) (j) 7. of the statutes first applies with respect to employment after December 31, 2005.

SB426,67,9 (3) The treatment of section 108.02 (15) (k) 14. of the statutes first applies with respect to benefit years that begin on the effective date of this subsection.

SB426,67,14 (4) The treatment of section 108.02 (21e) (intro.) of the statutes first applies with respect to determinations issued under sections 108.09 and 108.10 of the statutes in the first week beginning in January 2006 or, with respect to determinations that are appealed, to decisions issued under sections 108.09 and 108.10 of the statutes in the first week beginning in January 2006.

SB426,67,17 (5) The treatment of section 108.04 (1) (b) 1. and 3. (intro.) and (c) of the statutes first applies with respect to suspensions and terminations of employment occurring on the effective date of this subsection.

SB426,67,19 (6) The treatment of section 108.04 (1) (e) of the statutes first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

SB426,67,22 (7) The treatment of section 108.04 (5) and (5g) of the statutes first applies with respect to discharges occurring on the first Sunday that follows the 90th day beginning after the effective date of this subsection.

SB426,67,25 (8) The treatment of section 108.04 (7) (f) of the statutes first applies with respect to terminations of employment occurring on the effective date of this subsection.

SB426,68,5 (9) The treatment of section 108.04 (13) (c), (e), and (g) of the statutes first applies with respect to redeterminations issued under section 108.09 of the statutes on the effective date of this subsection or, with respect to matters in which no redetermination is issued, with respect to decisions issued under section 108.09 of the statutes on the effective date of this subsection.

SB426,68,10 (10) The treatment of section 108.04 (16) (b) and (c) 2. of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on the effective date of this subsection or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on the effective date of this subsection.

SB426,68,12 (11) The treatment of section 108.05 (3) (a) of the statutes first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

SB426,68,14 (12) The treatment of section 108.09 (4n) of the statutes first applies with respect to appeals filed on the effective date of this subsection.

SB426,68,17 (13) The treatment of section 108.105 (2) of the statutes first applies with respect to suspensions resulting from appeal tribunal hearings held on the effective date of this subsection.

SB426,68,20 (14) The treatment of sections 108.151 (4) (b) and (7), 108.16 (6w) and (6x), 108.22 (1) (b) and (c) and (1m), and 108.225 (1) (a) of the statutes first applies with respect to payrolls for the 2005 calendar year.