Failure to provide notification of absenteeism or tardiness
Currently, if an employee is discharged for misconduct connected with his or her
work — interpreted by the courts to include only misconduct that evinces willful or
wanton disregard of the employer's interests or carelessness or negligence in the
performance of duties to such degree or recurrence as to manifest culpability or
wrongful intent or exhibit such behavior as to endanger the physical safety of
persons on the work site — the employee is ineligible to receive benefits until seven
weeks have elapsed since the end of the week in which the discharge occurs and the
employee earns wages (or certain other amounts treated as wages) after the week in
which the discharge occurs equal to at least 14 times the employee's weekly benefit
rate in employment covered by the unemployment insurance law of any state or the
federal government. In addition, all wages earned with the employer that discharges
the employee are excluded in determining the amount of any future benefits to which
the employee is entitled.
This bill provides that if an employee is discharged for failing to notify an
employer of tardiness or absenteeism that becomes excessive, as defined in the bill,
and the employer complies with requirements specified in the bill to provide notice
to the employee, the employee is ineligible to receive benefits until six weeks have
elapsed since the end of the week in which the discharge occurs, and the employee
earns wages (or certain other amounts treated as wages) after the week in which the
discharge occurs equal to at least six times the employee's weekly benefit rate in work
covered by the unemployment insurance law of any state or the federal government.
The disqualification created by the bill applies in lieu of the current law governing
eligibility for benefits after discharges in the situations to which the disqualification
applies. The provisions apply only to discharges occurring during the four-year
period beginning on the first Sunday that follows the 90th day beginning after the
day the bill becomes law.
Determination of wages for purposes of partial unemployment benefits
Under current law, with certain exceptions, if a claimant earns wages in a given
week in employment covered by the unemployment insurance law, the first $30 of the
wages are disregarded and the claimant's weekly benefit payment is reduced by 67
percent of the remaining amount of wages earned. However, any amount that a
claimant earns for services performed as a volunteer fire fighter, volunteer
emergency medical technician, or volunteer first responder in any week does not
reduce the claimant's benefit payment for that week. This bill discontinues the
exclusion of amounts earned for volunteer fire fighter, volunteer emergency medical
technician, and volunteer first responder services from partial unemployment
benefit calculation. The bill also provides that wages earned in work not covered by
the unemployment insurance law are included with other wages in calculating
benefit reductions for partial unemployment benefits.
Benefit reductions due to certain suspensions, terminations, and leaves
Currently, if an employee is suspended from his or her employment, an
employee is terminated by his or her employer because the employee is unable to
perform or unavailable for suitable work otherwise available with the employee's
employer, or an employee is granted family or medical leave, and the employee is
unable to perform work or unavailable for suitable work after the suspension or
termination, the employee is ineligible to receive benefits beginning with the week
in which the suspension or termination occurs or the leave begins and for so long as
the employee remains unable to perform work or unavailable for suitable work. This
bill provides instead that an employee who is suspended or terminated due to
inability to perform work or unavailability for work or an employee who is granted
family or medical leave is ineligible to receive benefits as of the first full week affected
by a suspension, termination, or leave. In addition, for any week in which a
suspension, termination, or leave occurs after the beginning of the week or any week
in which a suspension or leave ends after the beginning of the week, an employee is
treated as partially unemployed for purposes of benefit computation. For any week
after the week in which a termination occurs, a terminated employee is eligible to
receive benefits if the employee is able to perform work and available for suitable
work and meets other qualifying requirements.
Self-employment disqualification
Currently, an individual who is self-employed is not eligible for benefits for any
week in which the individual has worked at the self-employment unless the
individual establishes to the satisfaction of the Department of Workforce
Development (DWD) that he or she has made an active and bona fide search for
employment. DWD must prescribe work-search requirements by rule, and may
waive those requirements under certain conditions. This bill deletes the
self-employment disqualification, thereby making individuals who work at their
self-employment subject to work-search requirements and waivers on the same
basis as other claimants.
Voluntary termination of work
Currently, if an employee voluntarily terminates his or her work with an
employer, the employee is generally ineligible to receive benefits until four weeks
have elapsed since the end of the week in which the termination occurs and the
employee earns wages after the week in which the termination occurs equal to at
least four times the employee's weekly benefit rate in employment covered by the
unemployment insurance law of any state or the federal government. However, an
employee may terminate his or her work and receive benefits without requalifying
under this provision if the employee terminates his or her work with good cause
attributable to his or her employer. In addition, an employee may voluntarily
terminate his or her work and receive benefits without requalifying under this
provision if the employee is transferred by his or her employer to work paying less
than two-thirds of his or her immediately preceding wage rate with that employer,
except that the employee is ineligible to receive benefits for the week of termination
and the four next following weeks. This bill deletes the latter exception. Under the
bill, if an employee's wages are substantially reduced by his or her employer, the
employee may still be able to voluntarily terminate his or her employment and claim
benefits without requalifying or waiting, if it is determined that the wage reduction
constitutes good cause attributable to the employee's employer.
Employee status
Currently, to be eligible to claim benefits, an individual must, in addition to
other requirements, be an "employee," as defined in the unemployment insurance
law. Generally, an "employee" is an individual who performs services for an employer
covered by the unemployment insurance law, whether or not the employer directly
pays the individual. However, an individual is not an "employee" if the individual
owns a business that operates as a sole proprietorship or if the individual is a partner
in a business that operates as a partnership. This bill provides that these exclusions
apply only with respect to services the individual performs for the sole proprietorship
or partnership.
Tax changes
Uncollectible reimbursable benefits
Currently, an employer that is a nonprofit organization may, in lieu of paying
regular contributions (taxes) to the unemployment reserve fund, elect to reimburse
the fund for the cost of benefits charged to its account. If a nonprofit organization
that has elected reimbursement financing fails to reimburse the fund for the cost of
benefits charged to its account and DWD is unable to collect the amount due,
together with any interest and penalties, the fund must absorb these costs.
Employers that elect reimbursement financing do not contribute to the payment of
these costs. This bill provides that if, as of June 30 of any year, there is a total of at
least $5,000 due from nonprofit organizations for reimbursements of benefits paid
on their behalf that DWD has determined to be uncollectible, DWD must assess all
employers that are nonprofit organizations and that have elected reimbursement
financing, except Indian tribes, for these costs, but shall not assess more than a total
of $200,000 in any single year. Under the bill, assessments are applied by DWD to
each employer's gross payroll at a rate determined by DWD to be sufficient to
reimburse the fund for uncollectible reimbursements paid on behalf of employers
that are nonprofit organizations. The bill provides that no assessments are payable
based on reimbursements that DWD determined to be uncollectible prior to January
1, 2004.
Treatment of professional employer organizations
Currently, an employer is generally liable for contributions (taxes) or benefit
reimbursements based on an individual's employment if the individual is subject to
the employer's direction or control over the performance of the individual's services.
However, if an individual performs services for a client of a professional employer
organization under a contract, the organization is liable for contributions or benefit
reimbursements based on those services under certain specified conditions.
Currently, a "professional employer organization" is an organization that contracts
to provide the nontemporary, ongoing workforce of a client. Under this bill, an
organization may qualify as a "professional employer organization" only if it
contracts to provide the nontemporary, ongoing workforce of more than one client,
and the majority of the organization's clients are not under the same ownership,
management, or control as the organization, other than through the terms of the
contract.
Other changes
Electronic reporting
Currently, employers must file separate quarterly reports of contributions and
wages with DWD. Employer agents that file contribution reports on behalf of 25 or
more employers must file the reports using an electronic medium approved by DWD.
Employers that employ 100 or more employees must also file quarterly wage reports
using an electronic medium approved by DWD. This bill requires each employer of
50 or more employees that does not use an employer agent to file its contribution
reports to file those contribution reports electronically using the Internet on a form
prescribed by DWD. The bill requires each employer agent that prepares
contribution reports on behalf of less than 25 employers to file those reports
electronically using the Internet on a form prescribed by DWD. The bill requires all
employer agents to file all wage reports electronically in the form prescribed by
DWD. The bill also requires employers of 50 or more employees to file wage reports
using an electronic medium approved by DWD. In addition, the bill makes an
employer that is required to file its contribution reports electronically liable for a
penalty of $25 for each report that is not filed electronically in the form prescribed
by DWD.
Successorship
Currently, if a business is transferred from one employer to another employer,
the transferee may, under certain conditions, request that DWD treat it as a
successor to the transferor for purposes of unemployment insurance experience,
including contribution (tax) and benefit liability. DWD must treat the transferee as
the successor to the transferor if the transferor and transferee are owned or
controlled by the same interests. When a transferee is treated as a successor to a
transferor, the contribution rates of the transferor and transferee are recomputed
effective on January 1 of the year following the transfer. This bill requires DWD to
treat the transferee as the successor to the transferor if the transferor and transferee
are owned, controlled, or managed by the same interests. The bill also requires
recomputation of the transferor's and transferee's contribution rates effective as of
the beginning of the first quarter following the date of the transfer. The bill permits
DWD to nullify a successorship if it finds that a substantial purpose of a business
transfer was to obtain a reduced contribution rate for the transferee. In addition, the
bill provides for punitive increases in contribution rates for employers, and creates
both civil and criminal misdemeanor penalties for other persons, who knowingly
make or attempt to make a false statement or representation to DWD in connection
with an investigation to determine whether an employer qualifies to be considered
a successor to the transferor of a business.
Coverage of certain employees engaged in food processing
Currently, an employee who is engaged in the processing of fresh fruits or
vegetables is not entitled to receive benefits based upon that employment within the
active processing season for the fruit or vegetable being processed, as defined by rule
of DWD, unless 1) the employee earns sufficient wages to qualify for benefits based
solely on work performed for the processing employer; or 2) in the four most recently
completed quarters preceding the week in which the employee begins work for the
processing employer, the employee earned at least $200 for work covered by the
unemployment insurance law of any state or the federal government that was
performed for another employer. However, employers that provide food processing
services are subject to contribution requirements (the requirement to pay taxes)
based upon these services. This bill deletes this coverage exclusion. Under the bill,
claimants are eligible to claim benefits based upon the performance of food
processing services.
Coverage of certain AmeriCorps employees
Currently, employees performing services for the federal AmeriCorps program
are generally covered under the unemployment insurance law. This bill eliminates
coverage for those services when the services are funded under certain special
federal grants to governmental, nonprofit, or educational entities, except for services
performed as a part of a professional corps program in which a public or private
nonprofit employer pays the entire salaries of the employees or services performed
under an education award program established administratively by the federal
government. Under the bill, employers that provide these services are no longer
subject to contribution or reimbursement requirements based upon these services,
and claimants are no longer eligible to claim benefits based upon the performance
of these services.
Failure of employers to provide information
Currently, if benefits are erroneously paid because an employer fails to provide
correct and complete information on a report to DWD, any benefits that DWD
recovers do not affect charges to the employer's account for the cost of those benefits.
The bill provides, in addition, that during the period beginning on January 1, 2006,
and ending on June 28, 2008, if benefits are erroneously paid because an employer
fails to provide correct and complete information requested by DWD during a
fact-finding investigation, but the employer later provides the requested
information, then charges to the employer's account for the cost of benefits paid
before the end of the week in which a redetermination or a decision of an appeal
tribunal (hearing examiner) is issued regarding the matter are not affected by the
redetermination or decision unless an appeal tribunal, the labor and industry review
commission, or a court finds that the employer had good cause for failing to provide
the information.
Suspension of agents
Currently, DWD may suspend the privilege of any agent to appear before DWD
at hearings under the unemployment insurance law for a specified period if DWD
finds that the agent has engaged in an act of fraud or misrepresentation, has
repeatedly failed to comply with rules of DWD, or has engaged in solicitation of a
claimant solely for the purpose of appearing at a hearing as the claimant's
representative for pay. This bill permits DWD also to suspend the privilege of an
agent to act as an employer's representative under the unemployment insurance law
for up to one year if, during any 12-month period, in 5 percent or more of all hearings
held in which employers represented by the agent are appellants there is a final
decision finding that the employer represented by the agent failed to provide correct
and complete information requested by DWD during a fact-finding investigation
and there is no finding that the employer had good cause for that failure.
Issuance of warrants against certain individuals
Currently, under certain conditions, an individual who holds at least 20 percent
of the ownership interest in a corporation or limited liability company may be found
to be personally liable for unemployment insurance liabilities of the corporation or
company. Currently, if an employer has delinquent unemployment insurance
liabilities, DWD may issue a warrant and file it with the clerk of circuit court for any
county where real or personal property of the employer is found. The warrant
constitutes a lien upon the property and is subject to execution through sale of the
property. This bill provides that DWD may issue a warrant for the collection of any
unemployment insurance liabilities for which an individual is found to be personally
liable.
Unemployment insurance law enforcement
This bill provides funding for 0.5 FTE assistant attorney general position in the
Department of Justice (DOJ), funded from revenues received by DWD as interest
and penalties for violations of the unemployment insurance law, to assist in the
investigation and prosecution of noncompliance with the unemployment insurance
law. The bill also authorizes DOJ to prosecute violations of the unemployment
insurance law. Currently, the law is enforced by DWD and the district attorneys.
Administration funding
Currently, the federal government provides regular grants to this state for the
purpose of financing the cost of unemployment insurance administration. In
addition, the federal government provides special grants to this state that may be
used for the purpose of unemployment insurance administration, for the payment of
unemployment insurance benefits, or for certain other purposes.
Currently, only the first $2,389,107 of the moneys in a special grant for federal
fiscal year 2002 may be used for unemployment insurance administration. This bill
permits an additional $1,000,000 of the moneys received in the special grant for
federal fiscal year 2002 to be used for unemployment insurance administration. The
bill further provides that none of the moneys in any special federal grant for federal
fiscal years 2000, 2001, or 2002 may be encumbered or expended after September 30,
2007. The changes potentially increase the liability of employers to finance
unemployment insurance benefits through contributions (taxes).
Use of special federal grants
Currently, from the special grants received by this state from the federal
government for unemployment insurance purposes, special sum certain
appropriations are made for information technology systems development, the
apprenticeship program, and payment of bank service costs. If the treasurer of the
unemployment reserve fund determines that these moneys are more than sufficient
for these purposes, the treasurer must transfer any excess moneys in these
appropriation accounts to the main account to which federal unemployment
insurance revenues are credited. This bill eliminates the requirement for the
treasurer to make these transfers.
Treatment of limited liability companies
Currently, DWD treats a limited liability company as a corporation if the
company files an election with the Internal Revenue Service to be so treated for
federal tax purposes and files proof with DWD that the Internal Revenue Service has
agreed to so treat the company. The treatment may affect the taxation of the wages
paid to principal officers of the company and their eligibility for benefits. For benefit
purposes, a change is effective on the same date that the Internal Revenue Service
agrees to treat the company as a corporation or the date that proof of such treatment
is filed with DWD, whichever is later. Under this bill, a change applies to benefit
years (periods during which benefits are potentially payable) in existence on or
beginning on or after the date that the Internal Revenue Service treats the company
as a corporation for federal tax purposes if the benefit year to which the treatment
is to be applied has not ended on the date that DWD first receives notice of a benefit
eligibility issue that relates to treatment of that limited liability company. The bill
also makes a corresponding change to the treatment of a limited liability company
that is treated as a corporation if the company elects, instead, to be treated as a
partnership or sole proprietorship and the company files the appropriate election
and proof of federal treatment.
Administrative levy fees
Currently, DWD may proceed against any third party that has in its possession
property that is subject to levy for payment of delinquent contributions or penalties
administratively assessed by DWD, or for repayment of benefit overpayments. The
third party may deduct and retain a fee of $5 from the amount collected in payment
of the fee. This bill entitles a third party to collect and retain a levy fee of $5 for each
levy in 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. Under the bill, the
fee is payable from the property levied against and is in addition to the amount of the
levy.
Enforcement of assessments against imposters
Currently, if any person makes a false statement or representation to obtain
benefits in the name of another person, DWD may, by administrative action or by
decision in an administrative proceeding, require the person to repay the benefits
and may also penalize the person by levying an assessment against him or her in an
amount not greater than 50 percent of the benefits wrongfully obtained. One of the
ways by which DWD may collect such an assessment is to offset the amount of the
assessment against any benefits that would otherwise be payable to the person. This
process is called recoupment. This bill deletes the authority of DWD to collect these
assessments by means of recoupment.
Wage reports by nonprofit organizations and Indian tribes
Currently, all employers except nonprofit organizations and Indian tribes are
required to submit periodic reports to DWD containing certain employment and
wage information. This bill applies the same requirement to nonprofit organizations
and Indian tribes.
Admission of employment data system reports
Currently, the contents of a verified or certified report by a qualified expert
presented by a party or DWD at an administrative hearing in a benefit claim case
is prima facie evidence of the matter contained in the report if the report is otherwise
competent and relevant, subject to rules as DWD prescribes. If a report is accepted
as prima facie evidence of the matter contained in the report, it is not necessary to
present testimony of the expert who created the report in order to admit the report
into evidence.
This bill provides that if DWD maintains a database system consisting of
occupational information and employment conditions data and an employee of DWD
creates a report from the system, the report also constitutes prima facie evidence as
to the matters contained in the report in an administrative hearing on a benefit claim
if DWD first provides to the parties an explanation of the system, the parties have
an opportunity to review and object to the report, and the report sets forth all
information used in creating the report.
Charging of certain benefits for claimants enrolled in approved training
Under current law, if a claimant who is enrolled in employment-related
training approved by DWD is paid benefits for which the claimant would otherwise
be ineligible because the claimant has terminated his or her work or failed to accept
suitable work or recall to work and is unable to work or unavailable for work or has
failed to meet work search requirements, the costs of the benefits is charged to the
balancing account of the unemployment reserve fund (which is financed from
contributions of all employers that are subject to a requirement to pay contributions)
instead of to the account or accounts of the claimant's employer or employers. This
bill specifically applies this noncharging procedure only with respect to an employer
from which the claimant terminated his or her work or refused to accept a recall to
work.
Study of unemployment reserve fund
This bill directs DWD to study the long-term fiscal stability of the
unemployment reserve fund. The bill directs DWD to report the results of its study
to the Council on Unemployment Insurance no later than July 1, 2007.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state 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:
SB426, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB426, s. 2
3Section
2. 20.445 (1) (gd) of the statutes is amended to read:
SB426,11,12
120.445
(1) (gd)
Unemployment interest and penalty payments. From the
2moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm)
3and 108.22, assessments under s. 108.19 (1m)
, and forfeitures under s. 103.05 (5), all
4moneys not appropriated under pars. (ge), (gf)
and, (gg)
, and (gi), and all moneys
5transferred to this appropriation account from the appropriation account under par.
6(gh) for the payment of benefits specified in s. 108.07 (5) and
1987 Wisconsin Act 38,
7section
132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for
8the payment of interest due on advances from the federal unemployment account
9under title XII of the social security act to the unemployment reserve fund, and for
10payments made to the unemployment reserve fund to obtain a lower interest rate or
11deferral of interest payments on these advances, except as otherwise provided in s.
12108.20.
SB426, s. 3
13Section
3. 20.445 (1) (gi) of the statutes is created to read:
SB426,11,1714
20.445
(1) (gi)
Unemployment insurance law enforcement. From the moneys
15received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and (13)
16(c) and 108.22, as a continuing appropriation, the amounts in the schedule for the
17purpose of assisting the department of justice in the enforcement of ch. 108.
SB426, s. 4
18Section
4. 20.445 (1) (nb) of the statutes is amended to read:
SB426,12,519
20.445
(1) (nb)
Unemployment administration; information technology
20systems; federal moneys. From the moneys received from the federal government
21under section 903 (d) of the federal Social Security Act, as amended, as a continuing
22appropriation, the amounts in the schedule, as authorized by the governor under s.
2316.54, for the purpose specified in s. 108.19 (1e) (d). All moneys transferred from par.
24(n) for this purpose shall be credited to this appropriation account.
Notwithstanding
25s. 20.001 (
3) (a), the treasurer of the unemployment reserve fund shall transfer any
1unencumbered balance in this appropriation account that is not needed or available
2to carry out the purpose of this appropriation to the appropriation account under par.
3(n). No moneys may be expended from this appropriation unless the treasurer of the
4unemployment reserve fund determines that such expenditure is currently needed
5for the purpose specified in s. 108.19 (1e) (d).
SB426, s. 5
6Section
5. 20.445 (1) (nc) of the statutes is amended to read:
SB426,12,137
20.445
(1) (nc)
Unemployment insurance administration; special federal
8moneys. All moneys received from the federal government under section 903 of the
9federal Social Security Act, as amended, for federal fiscal years 2000 and 2001 and
10the first
$2,289,107 $3,289,107 of the moneys received from the federal government
11under that act for federal fiscal year 2002, as authorized by the governor under s.
1216.54, to be used for administration of unemployment insurance.
No moneys may
13be encumbered or expended from this appropriation after September 30, 2007.
SB426, s. 6
14Section
6. 20.445 (1) (nd) of the statutes is amended to read:
SB426,13,215
20.445
(1) (nd)
Unemployment insurance administration; apprenticeship. 16From the moneys received from the federal government under section 903 (d) of the
17federal Social Security Act, as amended, the amounts in the schedule, as authorized
18by the governor under s. 16.54, to be used for administration by the department of
19apprenticeship programs under subch. I of ch. 106. All moneys transferred from par.
20(n) for this purpose shall be credited to this appropriation account.
Notwithstanding
21s. 20.001 (3) (a), the treasurer of the unemployment reserve fund shall transfer any
22unencumbered balance in this appropriation account that is not needed or available
23to carry out the purpose of this appropriation to the appropriation account under par.
24(n). No moneys may be expended from this appropriation unless the treasurer of the
1unemployment reserve fund determines that such expenditure is currently needed
2for the purpose specified in this paragraph.
SB426, s. 7
3Section
7. 20.445 (1) (ne) of the statutes is amended to read:
SB426,13,144
20.445
(1) (ne)
Unemployment administration; bank service costs. From the
5moneys received by this state under section 903 (d) of the federal Social Security Act,
6as amended, all moneys transferred from the appropriation account under par. (n)
7to be used for the payment of the cost of banking services incurred by the
8unemployment reserve fund.
Notwithstanding s. 20.001 (3) (c), the treasurer of the
9unemployment reserve fund shall transfer any unencumbered balance in this
10appropriation account that is not needed or available to carry out the purpose of this
11appropriation to the appropriation account under par. (n). No moneys may be
12expended from this appropriation unless the treasurer of the unemployment reserve
13fund determines that such expenditure is currently needed for the purpose specified
14in this paragraph.
SB426, s. 8
15Section
8. 108.02 (12) (a) of the statutes is amended to read:
SB426,13,1916
108.02
(12) (a) "Employee" means any individual who is or has been performing
17services
for pay for an employing unit,
in an employment, whether or not the
18individual is paid directly by
such the employing unit
;, except as provided in par. (b),
19(bm), (c), (d), (dm) or (dn).
SB426, s. 9
20Section
9. 108.02 (12) (dm) of the statutes is amended to read:
SB426,13,2321
108.02
(12) (dm) Paragraph (a) does not apply to an individual who owns a
22business that operates as a sole proprietorship
with respect to services the individual
23performs for that business.
SB426, s. 10
24Section
10. 108.02 (12) (dn) of the statutes is amended to read:
SB426,14,3
1108.02
(12) (dn) Paragraph (a) does not apply to a partner in a business that
2operates as a partnership
with respect to services the partner performs for that
3business.
SB426, s. 11
4Section
11. 108.02 (15) (j) 5. and 6. of the statutes are amended to read:
SB426,14,95
108.02
(15) (j) 5. In any quarter in the employ of any organization exempt from
6federal income tax under section
501 (a) of the internal revenue code, other than an
7organization described in section 401 (a) or 501 (c) (3) of such code, or under section
8521 of the internal revenue code, if the remuneration for such service is less than $50;
9or
SB426,14,1610
6. By a nonresident alien for the period that he or she is temporarily present
11in the United States as a nonimmigrant under
8 USC 1101 (a) (15) (F), (J), (M), or
12(Q), if the service is performed to carry out the purpose for which the alien is admitted
13to the United States, as provided in
8 USC 1101 (a) (15) (F), (J), (M), or (Q), or by the
14spouse or minor child of such an alien if the spouse or child was also admitted to the
15United States under
8 USC 1101 (a) (15) (F), (J), (M), or (Q) for the same purpose
.;
16or
SB426, s. 12
17Section
12. 108.02 (15) (j) 7. of the statutes is created to read:
SB426,14,2218
108.02
(15) (j) 7. By an individual who is a participant in the AmeriCorps
19program in a program that is funded under
42 USC 12581 (a) or (d) (1) or (2), except
20service performed pursuant to a professional corps program as described in
42 USC
2112572 (a) (8) or service performed pursuant to an innovative education award only
22program under
42 USC 12653 (b).
SB426, s. 13
23Section
13. 108.02 (15) (k) 14. of the statutes is repealed.
SB426, s. 14
24Section
14. 108.02 (21) (b) of the statutes is amended to read:
SB426,15,5
1108.02
(21) (b) Notwithstanding par. (a),
except as provided in s. 108.151 (7)_
2(a), an employer's payroll includes only the first $10,500 of wages paid by an
3employer to an individual during a calendar year, including any wages paid for any
4work covered by the unemployment insurance law of any other state, except as
5authorized in s. 108.17 (5).
SB426, s. 15
6Section
15. 108.02 (21e) (intro.) and (b) of the statutes are amended to read:
SB426,15,127
108.02
(21e) Professional employer organization. (intro.) "Professional
8employer organization" means any person who contracts to provide the
9nontemporary, ongoing employee workforce of
a client
more than one client under
10a written leasing contract
, the majority of whose clients are not under the same
11ownership, management, or control as the person other than through the terms of
12the contract, and who under contract and in fact: