Currently, the federal government provides regular grants to this state for the
purpose of financing the cost of administration of the UI program. In addition,the
federal government provides special grants to this state that may be used for the
purpose of administration of UI, for the payment of UI benefits, or for certain other
purposes. Previously, the first $3,289,107 of the moneys in a special grant for federal
fiscal year 2002 was appropriated for UI administration. The authority to expand
moneys from this appropriation expired on October 1, 2007. 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 UI administration. The bill also permits another $1,000,000
of the moneys received by this state in a special federal grant for federal fiscal year
2002 to be expended for the same purpose on or after October 1, 2008. Under the bill,
none of these moneys may be encumbered or expended after September 30, 2009.
The expenditure authorizations potentially increase the liability of employers to
finance UI benefits through contributions (taxes).
Study of "employee" definition
The bill directs the Council on Unemployment Insurance to appoint a
committee to conduct a study of the definition of "employee" in the unemployment
insurance law and report its recommendations to the Council on Unemployment
Insurance by June 30, 2009. The definition affects benefit eligibility as well as the
amount of benefits that an individual may receive, and also affects the contributions
or reimbursements that an employer is required to make.
For further information see the state and local 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:
SB431, 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)
SB431, s. 2
3Section
2. 20.445 (1) (n) of the statutes is amended to read:
SB431,8,20
120.445
(1) (n)
Employment assistance and unemployment insurance
2administration; federal moneys. All federal moneys received, as authorized by the
3governor under s. 16.54, for the administration of employment assistance and
4unemployment insurance programs of the department, for the performance of the
5department's other functions under subch. I of ch. 106 and ch. 108, except moneys
6appropriated under par.
(nc) (nf), and to pay the compensation and expenses of
7appeal tribunals and of employment councils appointed under s. 108.14, to be used
8for such purposes, except as provided in s. 108.161 (3e), and, from the moneys
9received by this state under section 903 (d) of the federal Social Security Act, as
10amended, to transfer to the appropriation account under par. (nb) an amount
11determined by the treasurer of the unemployment reserve fund not exceeding the
12lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule
13under par. (nb), to transfer to the appropriation account under par. (nd) an amount
14determined by the treasurer of the unemployment reserve fund not exceeding the
15lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule
16under par. (nd), and to transfer to the appropriation account under par. (ne) an
17amount determined by the treasurer of the unemployment reserve fund not
18exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the amount
19required to pay for the cost of banking services incurred by the unemployment
20reserve fund.
SB431, s. 3
21Section
3. 20.445 (1) (nc) of the statutes is repealed.
SB431, s. 4
22Section
4. 20.445 (1) (nf) of the statutes is created to read:
SB431,9,523
20.445
(1) (nf)
Unemployment insurance administration. From the moneys
24received from the federal government under section 903 of the federal Social Security
25Act, as amended, for federal fiscal year 2002, as a continuing appropriation, the
1amounts in the schedule, as authorized by the governor under s. 16.54, to be used for
2the administration of unemployment insurance. No moneys appropriated under this
3paragraph for the 2008-09 fiscal year may be encumbered or expended prior to
4October 1, 2008. No moneys may be encumbered or expended from this appropriation
5after September 30, 2009.
SB431, s. 5
6Section
5. 108.02 (21) (b) of the statutes is amended to read:
SB431,9,147
108.02
(21) (b) Notwithstanding par. (a), except as provided in s. 108.151 (7)
8(a), an employer's payroll
for calendar years prior to 2009 includes only the first
9$10,500 of wages paid by an employer to an individual during
a each calendar year
,
10for calendar years 2009 and 2010 includes only the first $12,000 of such wages, for
11calendar years 2011 and 2012 includes only the first $13,000 of such wages, and for
12calendar years after 2012 includes only the first $14,000 of such wages, including any
13wages paid for any work covered by the unemployment insurance law of any other
14state, except as authorized in s. 108.17 (5).
SB431, s. 6
15Section
6. 108.04 (1) (a) of the statutes is renumbered 108.04 (1) (a) (intro.)
16and amended to read:
SB431,9,2017
108.04
(1) (a) (intro.)
An employee's eligibility for benefits shall be reduced for
18any week in which the If an employee is with due notice called on by his or her current
19employing unit to report for work actually available within
such a given week and
20is unavailable for, or unable to perform
, some or all of such available work.:
SB431,9,25
21(bm) For purposes of
this paragraph
par. (a) 1. and (b) 2., the department shall
22treat the amount that the employee would have earned as wages for
that a given 23week in
such available work as wages earned by the employee and shall apply the
24method specified in s. 108.05 (3) (a) to compute the benefits payable to the employee.
25The department shall estimate wages that an employee would have earned if it is not
1possible to compute the exact amount of wages that would have been earned by the
2employee.
SB431, s. 7
3Section
7. 108.04 (1) (a) 1. and 2. of the statutes are created to read:
SB431,10,54
108.04
(1) (a) 1. Sixteen or less hours of the work available for the week, the
5employee's eligibility for benefits for that week shall be reduced under par. (bm).
SB431,10,76
2. More than 16 hours of the work available for the week, the employee is
7ineligible for benefits for that week.
SB431, s. 8
8Section
8. 108.04 (1) (b) of the statutes is repealed and recreated to read:
SB431,10,149
108.04
(1) (b) 1. Except as provided in subd. 2., if an employee's employment
10is suspended by the employee or the employee's employer or an employee is
11terminated by the employee's employer, due to the employee's unavailability for work
12or inability to perform suitable work otherwise available with the employee's
13employer, or if the employee is on a leave of absence, the employee is ineligible for
14benefits while the employee is unable to work or unavailable for work.
SB431,10,1815
2. If an employee is absent from work for 16 hours or less in the first week of
16a leave taken under subd. 1. or in the week in which a suspension or termination
17under subd. 1. occurs, the employee's eligibility for benefits for that week shall be
18determined under par. (bm).
SB431, s. 9
19Section
9. 108.04 (1) (c) of the statutes is repealed.
SB431, s. 10
20Section
10. 108.04 (1) (g) 1. and 2. of the statutes are amended to read:
SB431,11,221
108.04
(1) (g) 1. Employment by a partnership or limited liability company that
22is treated as a partnership under this chapter, if a one-half or greater ownership
23interest in the partnership or limited liability company is or during such employment
24was owned or controlled, directly or indirectly, by the individual's spouse
or child, or
1by the individual's parent if the individual is under age 18, or by a combination of 2
2or more of them.
SB431,11,83
2. Employment by a corporation or limited liability company that is treated as
4a corporation under this chapter, if one-half or more of the ownership interest,
5however designated or evidenced, in the corporation or limited liability company is
6or during such employment was owned or controlled, directly or indirectly, by the
7individual or by the individual's spouse
or child, or by the individual's parent if the
8individual is under age 18, or by a combination of 2 or more of them.
SB431, s. 11
9Section
11. 108.04 (4) (a) of the statutes is amended to read:
SB431,11,1510
108.04
(4) (a) A claimant is not eligible to start a benefit year unless the
11claimant has combined base period wages equal to at least
30 35 times the claimant's
12weekly benefit rate under s. 108.05 (1), including combined base period wages equal
13to at least 4 times the claimant's weekly benefit rate under s. 108.05 (1) in one or more
14quarters outside of the quarter within the claimant's base period in which the
15claimant has the highest base period wages.
SB431, s. 12
16Section
12. 108.04 (5) of the statutes is amended to read:
SB431,12,1117
108.04
(5) Discharge for misconduct. Unless sub. (5g)
applies results in
18disqualification, an employee whose work is terminated by an employing unit for
19misconduct connected with the employee's work is ineligible to receive benefits until
207 weeks have elapsed since the end of the week in which the discharge occurs and
21the employee earns wages after the week in which the discharge occurs equal to at
22least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment
23or other work covered by the unemployment insurance law of any state or the federal
24government. For purposes of requalification, the employee's weekly benefit rate
25shall be that rate which would have been paid had the discharge not occurred. The
1wages paid to an employee by an employer which terminates employment of the
2employee for misconduct connected with the employee's employment shall be
3excluded from the employee's base period wages under s. 108.06 (1) for purposes of
4benefit entitlement. This subsection does not preclude an employee who has
5employment with an employer other than the employer which terminated the
6employee for misconduct from establishing a benefit year using the base period
7wages excluded under this subsection if the employee qualifies to establish a benefit
8year under s. 108.06 (2) (a). The department shall charge to the fund's balancing
9account any benefits otherwise chargeable to the account of an employer that is
10subject to the contribution requirements under ss. 108.17 and 108.18 from which
11base period wages are excluded under this subsection.
SB431, s. 13
12Section
13. 108.04 (5g) (em) of the statutes is created to read:
SB431,12,1413
108.04
(5g) (em) If an employee is not disqualified under this subsection, the
14employee may nevertheless be subject to the disqualification under sub. (5).
SB431, s. 14
15Section
14. 108.04 (11) (a) of the statutes is amended to read:
SB431,12,2216
108.04
(11) (a) If a claimant, in filing his or her application for benefits or claim
17for any week, conceals any
part of his or her wages earned in or paid or payable for
18that week, or conceals his or her refusal within that week of a job offer or any other 19material fact relating to his or her eligibility for benefits,
so much of any benefit
20payment as was paid because of such concealment shall be recovered by the
21department as an overpayment the claimant shall forfeit benefits in accordance with
22par. (be).
SB431, s. 15
23Section
15. 108.04 (11) (b) of the statutes is repealed and recreated to read:
SB431,13,224
108.04
(11) (b) If a claimant, in filing a claim for any week, conceals any of his
25or her wages earned in or paid or payable for that week, the claimant shall forfeit
1benefits in accordance with par. (be). In addition, the claimant shall be denied
2benefits for that week.
SB431, s. 16
3Section
16. 108.04 (11) (be) of the statutes is created to read:
SB431,13,54
108.04
(11) (be) A claimant shall forfeit benefits and be disqualified from
5receiving benefits for acts of concealment described in pars. (a) and (b) as follows:
SB431,13,96
1. A claimant shall forfeit an amount equal to the claimant's weekly benefit rate
7under s. 108.05 (1) for the week for which the claim is made for each single act of
8concealment occurring before the date of the first determination of concealment
9under par. (a) or (b).
SB431,13,1410
2. A claimant shall forfeit 3 times the claimant's benefit rate under s. 108.05
11(1) for the week in which the claim is made for each single act of concealment
12occurring after the date of the first determination of concealment in which a penalty
13is applied under subd. 1. but on or before the date of the first determination of
14concealment in which a penalty is applied under this subdivision.
SB431,13,1815
3. A claimant shall forfeit 5 times the claimant's benefit rate under s. 108.05
16(1) for the week in which the claim is made for each single act of concealment
17occurring after the date of the first determination of concealment in which a penalty
18is applied under subd. 2.
SB431, s. 17
19Section
17. 108.04 (11) (bm) of the statutes is amended to read:
SB431,14,520
108.04
(11) (bm) The forfeiture established under par.
(b) (be) may be applied
21against benefits which would otherwise become payable to the claimant for weeks
22of unemployment occurring after the week of concealment and within 6 years after
23the date of an initial determination issued under s. 108.09 finding that a concealment
24occurred. If no benefit rate applies to the week for which the claim is made, the
25department shall use the claimant's benefit rate for the claimant's next benefit year
1beginning after the week of concealment to determine the forfeiture amount. If the
2benefits forfeited would otherwise be chargeable to an employer's account, the
3department shall charge the amount of benefits forfeited to the employer's account
4and shall credit the fund's balancing account for that amount.
Any forfeiture amount
5of less than $1 shall be rounded up to the nearest whole dollar.
SB431, s. 18
6Section
18. 108.04 (11) (c) of the statutes is renumbered 108.04 (11) (c) (intro.)
7and amended to read:
SB431,14,158
108.04
(11) (c) (intro.) Any employing unit that aids and abets a claimant in
9committing
or attempts to aid and abet a claimant in committing an act of
10concealment described in par. (a)
or (b) may, by a determination issued under s.
11108.10, be required, as to each act of concealment the employing unit aids and abets
12or attempts to aid and abet, to forfeit an amount equal to the amount of the benefits
13the claimant improperly received as a result of the concealment.
The amount
14forfeited shall be credited to the administrative account. In addition, the employing
15unit shall be penalized as follows:
SB431, s. 19
16Section
19. 108.04 (11) (c) 1. to 3. of the statutes are created to read:
SB431,14,2017
108.04
(11) (c) 1. The employing unit shall forfeit $500 for each single act of
18concealment that the employing unit aids and abets or attempts to aid and abet a
19claimant to commit occurring before the date of the first determination that the
20employing unit has so acted.
SB431,15,221
2. The employing unit shall forfeit $1,000 for each single act of concealment
22that the employing unit aids and abets or attempts to aid and abet a claimant to
23commit occurring after the date of the first determination that the employing unit
24has so acted in which a penalty is applied under subd. 1. but on or before the date of
1the first determination that the employing unit has so acted in which a penalty is
2applied under this subdivision.
SB431,15,63
3. The employing unit shall forfeit $1,500 for each single act of concealment
4that the employing unit aids and abets or attempts to aid and abet a claimant to
5commit occurring after the date of the first determination that the employing unit
6has so acted in which a penalty is applied under subd. 2.
SB431, s. 20
7Section
20. 108.04 (11) (cm) of the statutes is amended to read:
SB431,15,138
108.04
(11) (cm) If any person makes a false statement or representation in
9order to obtain benefits in the name of another person, the benefits received by that
10person constitute a benefit overpayment. Such person may, by a determination or
11decision issued under s. 108.095, be required to repay the amount of the benefits
12obtained and be assessed an administrative assessment in an additional amount
13equal to
not more than 50% of the amount of benefits obtained.
SB431, s. 21
14Section
21. 108.04 (11) (f) and (g) of the statutes are created to read:
SB431,15,1715
108.04
(11) (f) All amounts forfeited under par. (c) and all collections from
16administrative assessments under par. (cm) shall be credited to the administrative
17account.
SB431,15,2018
(g) For purposes of this subsection, "conceal" means to intentionally mislead
19or defraud the department by withholding or hiding information or making a false
20statement or misrepresentation.
SB431, s. 22
21Section
22. 108.04 (13) (c) of the statutes is amended to read:
SB431,16,2222
108.04
(13) (c) If an employer, after notice of a benefit claim, fails to file an
23objection to the claim under s. 108.09 (1), any benefits allowable under any resulting
24benefit computation shall, unless the department applies a provision of this chapter
25to disqualify the claimant, be promptly paid. Except as otherwise provided in this
1paragraph, any eligibility question in objection to the claim raised by the employer
2after benefit payments to the claimant are commenced does not affect benefits paid
3prior to the end of the week in which a determination is issued as to the eligibility
4question unless the benefits are erroneously paid without fault on the part of the
5employer.
If, during the period beginning on January 1, 2006, and ending on June
628, 2008, Except as otherwise provided in this paragraph, if an employer fails to
7provide correct and complete information requested by the department during a
8fact-finding investigation, but later provides the requested information,
charges to
9the employer's account for benefits paid prior to the end of the week in which a
10redetermination is issued regarding the matter or, if no redetermination is issued,
11prior to the end of the week in which an appeal tribunal decision is issued regarding
12the matter, are not affected by the redetermination or decision,
except unless the
13benefits are erroneously paid without fault on the part of the employer as provided
14in par.
(g) (f). If benefits are erroneously paid because the employer and the employee
15are at fault, the department shall charge the employer for the benefits and proceed
16to create an overpayment under s. 108.22 (8) (a). If benefits are erroneously paid
17without fault on the part of the employer, regardless of whether the employee is at
18fault, the department shall charge the benefits as provided in par. (d), unless par. (e)
19applies, and proceed to create an overpayment under s. 108.22 (8) (a). If benefits are
20erroneously paid because an employer is at fault and the department recovers the
21benefits erroneously paid under s. 108.22 (8), the recovery does not affect benefit
22charges made under this paragraph.
SB431, s. 23
23Section
23. 108.04 (13) (e) of the statutes is amended to read:
SB431,17,1624
108.04
(13) (e) If the department erroneously pays benefits from one
25employer's account and a 2nd employer is at fault, the department shall credit the
1benefits paid to the first employer's account and charge the benefits paid to the 2nd
2employer's account. Filing of a tardy or corrected report or objection does not affect
3the 2nd employer's liability for benefits paid prior to the end of the week in which the
4department makes a recomputation of the benefits allowable or prior to the end of
5the week in which the department issues a determination concerning any eligibility
6question raised by the report or by the 2nd employer. If
, during the period beginning
7on January 1, 2006, and ending on June 29, 2008, the 2nd employer fails to provide
8correct and complete information requested by the department during a fact-finding
9investigation, but later provides the requested information, the department shall
10charge to the account of the 2nd employer the cost of benefits paid prior to the end
11of the week in which a redetermination is issued regarding the matter or, if no
12redetermination is issued, prior to the end of the week in which an appeal tribunal
13decision is issued regarding the matter,
except unless the benefits erroneously are
14paid without fault on the part of the employer as provided in par.
(g) (f). If the
15department recovers the benefits erroneously paid under s. 108.22 (8), the recovery
16does not affect benefit charges made under this paragraph.
SB431, s. 24
17Section
24. 108.04 (13) (f) of the statutes is amended to read:
SB431,18,318
108.04
(13) (f) If benefits are erroneously paid because the employer fails to file
19a report required by this chapter,
the employer fails to provide correct and complete
20information on the report,
the employer fails to object to the benefit claim under s.
21108.09 (1)
, the employer fails to provide correct and complete information requested
22by the department during a fact-finding investigation, unless an appeal tribunal,
23the commission, or a court of competent jurisdiction finds that the employer had good
24cause for the failure to provide the information, or
the employer aids and abets the
25claimant in an act of concealment as provided in sub. (11), the employer is at fault.
1If benefits are erroneously paid because an employee commits an act of concealment
2as provided in sub. (11) or fails to provide correct and complete information to the
3department, the employee is at fault.
SB431, s. 25
4Section
25. 108.04 (13) (g) of the statutes is repealed.
SB431, s. 26
5Section
26. 108.04 (16) (a) (intro.) of the statutes is amended to read:
SB431,18,106
108.04
(16) (a) (intro.) The department shall not reduce benefits under sub. (1)
7(a)
1., or deny benefits under sub.
(1) (a) 2., (2) (a) or (d)
, or (8) or s. 108.141 (3g) to
8any otherwise eligible individual for any week as a result of the individual's
9enrollment in a course of vocational training or basic education which is a
10prerequisite to such training, provided the department determines that:
SB431, s. 27
11Section
27. 108.04 (16) (b) of the statutes is amended to read:
SB431,18,1512
108.04
(16) (b) The department shall not apply any benefit
reduction or 13disqualification under sub. (1) (b)
1., (7) (c), or (8) (e) or s. 108.141 (3g) that is not the
14result of training or basic education under par. (a) while an individual is enrolled in
15a course of training or education that meets the standards specified in par. (a).
SB431, s. 28
16Section
28. 108.04 (16) (c) 1. of the statutes is amended to read:
SB431,18,2017
108.04
(16) (c) 1. The department shall not reduce benefits under sub. (1) (a)
181. or deny benefits under sub.
(1) (a) 2., (2) (a) or (d)
, or (8) or s. 108.141 (3g) to an
19otherwise eligible individual as a result of the individual's enrollment in such
20training; and
SB431, s. 29
21Section
29. 108.04 (16) (c) 2. of the statutes is amended to read:
SB431,18,2522
108.04
(16) (c) 2. The department shall not apply
any benefit
disqualifications 23reduction or disqualification under sub. (1) (b)
1., (7) (c), or (8) (e) or s. 108.141 (3g)
24that
are is not the result of the training while the individual is enrolled in the
25training.
SB431, s. 30
1Section
30. 108.05 (1) (p) (intro.) of the statutes is amended to read:
SB431,19,152
108.05
(1) (p) (intro.) Each eligible employee shall be paid benefits for each
3week of total unemployment that commences on or after January 7, 2007,
and before
4January 4, 2009, at the weekly benefit rate specified in this paragraph. Unless sub.
5(1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base
6period wages that were paid during that quarter of the employee's base period in
7which the employee was paid the highest total wages, rounded down to the nearest
8whole dollar, except that, if that amount is less than the minimum amount shown
9in the following schedule, no benefits are payable to the employee and, if that amount
10is more than the maximum amount shown in the following schedule, the employee's
11weekly benefit rate shall be the maximum amount shown in the following schedule
12and except that, if the employee's benefits are exhausted during any week under s.
13108.06 (1), the employee shall be paid the remaining amount of benefits payable to
14the employee in lieu of the amount shown in the following schedule: [See Figure
15108.05 (1) (p) following]
SB431, s. 31
16Section
31. 108.05 (1) (q) of the statutes is created to read:
SB431,20,417
108.05
(1) (q) Each eligible employee shall be paid benefits for each week of
18total unemployment that commences on or after January 4, 2009, at the weekly
19benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit
20rate shall equal 4 percent of the employee's base period wages that were paid during
21that quarter of the employee's base period in which the employee was paid the
22highest total wages, rounded down to the nearest whole dollar, except that, if that
23amount is less than the minimum amount shown in the following schedule, no
24benefits are payable to the employee and, if that amount is more than the maximum
25amount shown in the following schedule, the employee's weekly benefit rate shall be
1the maximum amount shown in the following schedule and except that, if the
2employee's benefits are exhausted during any week under s. 108.06 (1), the employee
3shall be paid the remaining amount of benefits payable to the employee in lieu of the
4amount shown in the following schedule: [See Figure 108.05 (1) (q) following]
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SB431, s. 32
1Section
32. 108.05 (3) (a) of the statutes is amended to read:
SB431,33,152
108.05
(3) (a) Except as provided in pars. (b)
and, (c),
and (d), if an eligible
3employee earns wages in a given week, the first $30 of the wages shall be disregarded
4and the employee's applicable weekly benefit payment shall be reduced by 67% of the
5remaining amount, except that no such employee is eligible for benefits if the
6employee's benefit payment would be less than $5 for any week. For purposes of this
7paragraph, "wages" includes any salary reduction amounts earned that are not
8wages and that are deducted from the salary of a claimant by an employer pursuant
9to a salary reduction agreement under a cafeteria plan, within the meaning of
26
10USC 125, and any amount that a claimant would have earned in available work
11under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1)
(a) (bm), but
12excludes any amount that a claimant earns for services performed as a volunteer fire
13fighter, volunteer emergency medical technician, or volunteer first responder. In
14applying this paragraph, the department shall disregard discrepancies of less than
15$2 between wages reported by employees and employers.
SB431, s. 33
16Section
33. 108.05 (3) (b) 1. c. of the statutes is amended to read:
SB431,34,6
1108.05
(3) (b) 1. c. The amount that the claimant would have earned within that
2week from that employer in available work
under s. 108.04 (1) (a) which is treated
3as wages under s. 108.04 (1)
(a) (bm), by itself or in combination with the wages
4earned for work performed in that week for that employer and the pay received under
5subd. 1. b., is equivalent to pay for at least 35 hours of work at that same or a greater
6rate of pay.
SB431, s. 34
7Section
34. 108.05 (3) (d) of the statutes is created to read:
SB431,34,98
108.05
(3) (d) A claimant is ineligible to receive benefits for any week in which
9the claimant conceals wages as provided in s. 108.04 (11) (b).
SB431, s. 35
10Section
35. 108.067 (1) of the statutes is amended to read:
SB431,34,1611
108.067
(1) Each professional employer organization that enters into an
12employee leasing agreement with a client during any calendar quarter shall submit
13to the department, no later than the due date for
the report payment of contributions 14under s. 108.17 (2) relating to that quarter, in the form prescribed by the department,
15a report disclosing the identity of that client and such other information as the
16department prescribes.
SB431, s. 36
17Section
36. 108.09 (4o) of the statutes is created to read:
SB431,35,1818
108.09
(4o) Departmental records relating to benefit claims. In any hearing
19before an appeal tribunal under this section, a departmental record relating to a
20claim for benefits, other than a report specified in sub. (4m), constitutes prima facie
21evidence, and shall be admissible to prove, that an employer provided or failed to
22provide to the department complete and correct information in a fact-finding
23investigation of the claim, notwithstanding that the record or a statement contained
24in the record may be uncorroborated hearsay and may constitute the sole basis upon
25which issue of the employer's failure is decided, if the parties appearing at the
1hearing have been given an opportunity to review the record at or before the hearing
2and to rebut the information contained in the record. A record of the department that
3is admissible under this subsection shall be regarded as self authenticating and shall
4require no foundational or other testimony for its admissibility, unless the
5circumstances affirmatively indicate a lack of trustworthiness in the record. If such
6a record is admitted and made the basis of a decision, the record may constitute
7substantial evidence under s. 102.23 (6). For purposes of this subsection,
8"departmental record" means a memorandum, report, record, document, or data
9compilation that has been made or maintained by employees of the department in
10the regular course of the department's fact-finding investigation of a benefit claim,
11is contained in the department's paper or electronic files of the benefit claim, and
12relates to the department's investigative inquiries to an employer or statements or
13other matters submitted by the employer or its agent in connection with the
14fact-finding investigation of a benefit claim. A departmental record may not be
15admitted into evidence under this subsection or otherwise used under this
16subsection for any purpose other than to prove whether an employer provided or
17failed to provide to the department complete and correct information in a
18fact-finding investigation of a claim.
SB431, s. 37
19Section
37. 108.15 (3) (e) of the statutes is amended to read:
SB431,35,2420
108.15
(3) (e) Each time a government unit elects or reelects contribution
21financing its initial contribution rate shall be
2.7%
2.5% on its payroll for each of the
22first 3 calendar years in which such election or reelection is in effect. If a government
23unit terminates its election of contribution financing it may not reelect contribution
24financing within a period of 3 calendar years thereafter.
SB431, s. 38
25Section
38. 108.151 (1) of the statutes is amended to read:
SB431,36,5
1108.151
(1) Employer's contribution rate. Each nonprofit organization which
2is or becomes an employer subject to this chapter shall be subject to all its provisions
3except as it may elect reimbursement financing in accordance with sub. (2). If such
4an approved election is terminated, the employer's contribution rate shall be
2.7% 52.5% on its payroll for each of the next 3 calendar years.