108.19
(1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the administrative account at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under title XII of the social security act (
42 USC 1321 to
1324). The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75% of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly
contribution employment and wage reports filed by the employer
under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due on the 30th day commencing after the date on which notice of the assessment is mailed by the department. If the amounts collected under this subsection are in excess of the amounts needed to pay interest due, the amounts shall be retained in the administrative account and utilized for the purposes specified in s. 108.20 (2m).
59,58
Section
58
. 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), (ac), and (ad), and (af) as tardy filing fees, forfeitures, interest on delinquent payments, or other penalties and any excess moneys collected under s. 108.19 (1m).
59,59
Section
59. 108.205 (1m) of the statutes is amended to read:
108.205 (1m) (a) The department shall prescribe a the manner and form and methodology for filing reports under sub. (1) electronically using the Internet.
(b) Each employer agent shall file its reports electronically in the manner and form prescribed by the department.
59,60
Section
60
. 108.205 (2) of the statutes is amended to read:
108.205 (2) All employers Each employer of 50 25 or more employees, as determined under s. 108.22 (1) (ae), that does not use an employer agent to file its reports under this section shall file the quarterly report under sub. (1) using an electronic medium approved electronically in the manner and form prescribed by the department for such employers. An employer that becomes subject to the an electronic reporting requirement under this subsection shall file its initial report under this subsection for the 4th quarter beginning after the quarter in during 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.
59,61
Section
61
. 108.22 (1) (a) (intro.) of the statutes is renumbered 108.22 (1) (a) and amended to read:
108.22 (1) (a) If any employer, other than an employer which has ceased business and has not paid or incurred a liability to pay wages in any quarter following the cessation of business, is delinquent in making by the assigned due date any contribution report, or other report or payment to the department required of it under this chapter except a quarterly report under s. 108.205 or a voluntary contribution, the employer shall pay interest on any the delinquent payment at the rate of one percent per month or fraction thereof from the date such payment became due. If any such employer is delinquent in making any quarterly report under s. 108.205 (1) by the assigned due date, the employer shall pay a tardy filing fee of $50 for each delinquent quarterly report as follows:.
59,62
Section
62
. 108.22 (1) (a) 1. and 2. of the statutes are repealed.
59,63
Section
63
. 108.22 (1) (ac) of the statutes is amended to read:
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 the manner and form prescribed under that subsection a penalty of $10 $15 for each employee whose information is not reported in a format the manner and form prescribed under s. 108.205 (1m) (b) or (2).
59,64
Section
64
. 108.22 (1) (ac) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
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 the manner and form prescribed under that subsection a penalty of $15 $20 for each employee whose information is not reported in the manner and form prescribed under s. 108.205 (1m) (b) or (2).
59,65
Section
65. 108.22 (1) (ad) 1. of the statutes is amended to read:
108.22 (1) (ad) 1. An employer agent that is subject to the reporting requirements under s. 108.17 (2g) and that fails to file a contribution report in accordance with s. 108.17 (2g) may be assessed a penalty by the department in the amount of $25 for each employer whose report is not filed using an electronic format and medium approved electronically in the manner and form prescribed by the department.
59,66
Section
66. 108.22 (1) (ae) of the statutes is amended to read:
108.22 (1) (ae) For purposes of par. (a) (ac), the number of employees employed by an employer is the total number of employees employed by the employer at any time during the reporting period.
59,67
Section
67. 108.22 (1) (af) of the statutes is created to read:
108.22 (1) (af) In addition to the fee assessed under par. (a), the department may assess an employer or employer agent that is subject to a requirement to make contributions by means of an electronic funds transfer under s. 108.17 (7) and that pays contributions by any method inconsistent with s. 108.17 (7) a penalty of the greater of $50 or an amount equal to one-half of one percent of the total contributions paid by the employer or employer agent for the quarter in which the violation occurs.
59,68
Section
68
. 108.22 (1) (am) of the statutes is amended to read:
108.22 (1) (am) The interest, penalties, and tardy filing fees levied under pars. (a), (ac), and (ad), and (af) shall be paid to the department and credited to the administrative account.
59,69
Section
69. 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) 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.
59,70
Section
70. 108.22 (9) of the statutes is amended to read:
108.22 (9) An individual who is an officer, employee, member or manager holding at least 20% of the ownership interest of a corporation or of a limited liability company subject to this chapter, and who has control or supervision of or responsibility for filing any required contribution reports or making payment of contributions, and who willfully fails to file such reports or to make such payments to the department, or to ensure that such reports are filed or that such payments are made, may be found personally liable for such amounts, including interest, tardy payment or filing fees, costs and other fees, in the event that after proper proceedings for the collection of such amounts, as provided in this chapter, the corporation or limited liability company is unable to pay such amounts to the department. Ownership interest of a corporation or limited liability company includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation or limited liability company of which the corporation or limited liability company unable to pay such amounts is a wholly owned subsidiary. The personal liability of such officer, employee, member or manager as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company and shall be set forth in a determination or decision issued under s. 108.10.
59,71
Section
71.
Nonstatutory provisions.
(1) The council on unemployment insurance shall appoint a committee to study the definition of "employee" under section 108.02 (12) of the statutes for the purpose of considering changes to the definition. The committee shall report its recommendations to the council on unemployment insurance by June 30, 2009.
59,72
Section
72.
Initial applicability.
(1) The treatment of section 108.04 (4) (a) of the statutes first applies with respect to benefit years which begin on April 6, 2008.
(2) The treatment of sections 108.067 (1), 108.151 (7) (e) and (h), 108.16 (8) (b) 4., 108.18 (8), 108.19 (1m), and 108.22 (9) of the statutes, the renumbering and amendment of section 108.17 (2) of the statutes, and the creation of section 108.17 (2) (b) of the statutes first apply with respect to contributions payable for the 3rd quarter of 2008.
(3) The treatment of section 108.04 (16) (a) (intro.) and (c) 1. of the statutes, the renumbering and amendment of section 108.04 (1) (a) of the statutes, and the creation of section 108.04 (1) (a) 1. and 2. of the statutes and, with respect to the reference to section 108.04 (1) (bm) of the statutes, as affected by this act, the treatment of section 108.05 (3) (b) 1. c. of the statutes first apply with respect to determinations issued under section 108.09 of the statutes on April 6, 2008.
(4) The treatment of sections 108.04 (1) (b) and (c) of the statutes and, with respect to the reference to section 108.04 (1) (b) of the statutes, as affected by this act, the treatment of section 108.04 (16) (b) and (c) 2. of the statutes first apply with respect to determinations issued under section 108.09 of the statutes on April 6, 2008.
(5) The treatment of section 108.04 (1) (g) 1. and 2. of the statutes first applies with respect to benefit years that begin on April 6, 2008.
(6) The treatment of sections 108.04 (11) (a), (b), (be), (bm), (cm), (f), and (g), 108.05 (3) (d), and 108.16 (6) (f) of the statutes, the renumbering and amendment of section 108.04 (11) (c) of the statutes, the creation of section 108.04 (11) (c) 1. to 3. of the statutes, and, with respect to the reference to section 108.05 (3) (d) of the statutes, as created by this act, the treatment of section 108.05 (3) (a) of the statutes first apply with respect to determinations issued under section 108.09 of the statutes on April 6, 2008.
(7) The treatment of section 108.09 (4o) of the statutes first applies with respect to appeals filed on April 6, 2008.
(8) The treatment of sections 108.17 (2b) and (2g), 108.205 (1m) and (2), and 108.22 (1) (ad) 1. and (ae) of the statutes first applies with respect to reports required to be filed for the 3rd quarter of 2008.
(9) The treatment of section 108.17 (2c) (a) (intro.), (c), and (f) of the statutes first applies with respect to contributions payable for the first quarter of calendar year 2009.
(10) The treatment of sections 108.17 (7), 108.20 (3), and 108.22 (1) (af) and (am) of the statutes first applies with respect to contribution payments made after December 31, 2008.
(11) The treatment of sections 108.15 (3) (e), 108.151 (1), 108.152 (2) (b), and 108.18 (2) (a), (4) (figure), and (9) (figure) of the statutes first applies with respect to payrolls beginning on January 1, 2009.
(12) The treatment of section 108.22 (1) (c) of the statutes, the renumbering and amendment of section 108.22 (1) (a) (intro.) of the statutes, and the repeal of section 108.22 (1) (a) 1. and 2. of the statutes first apply with respect to reports required to be filed for the 3rd quarter of 2008.
(13) The treatment of section 108.22 (1) (ac) (by Section 63) of the statutes first applies with respect to reports required to be filed for the 3rd quarter of 2008.
(14) The treatment of section 108.22 (1) (ac) (by Section 64) of the statutes first applies with respect to reports required to be filed for the 3rd quarter of 2009.
59,73
Section
73.
Effective date.
(1) This act takes effect on the first Sunday after publication.
