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.
SB431, s. 39
6Section
39. 108.151 (7) (e) of the statutes is amended to read:
SB431,36,127
108.151
(7) (e) Except as provided in par. (f), the rate of each employer's
8assessment under this subsection for any calendar year is the product of the rate
9determined under par. (d) multiplied by the employer's payroll for the preceding
10calendar year, as reported by the employer under sub. (8) or s. 108.15 (8), 108.152 (7),
11or 108.17 (2)
or 108.205 (1) or, in the absence of reports, as estimated by the
12department.
SB431, s. 40
13Section
40. 108.151 (7) (h) of the statutes is amended to read:
SB431,36,1814
108.151
(7) (h) If the payroll of an employer
for any quarter is adjusted to
15decrease the amount of the payroll after a
contribution employment and wage report
16for the employer is filed under s.
108.17 (2) 108.205 (1), the department shall refund
17any assessment that is overpaid by the employer under this subsection as a result
18of the adjustment.
SB431, s. 41
19Section
41. 108.152 (2) (b) of the statutes is amended to read:
SB431,36,2220
108.152
(2) (b) If an Indian tribe or tribal unit terminates an election under this
21subsection, the employer's contribution rate is
2.7%
2.5% on its payroll for each of the
22next 3 calendar years.
SB431, s. 42
23Section
42. 108.16 (6) (f) of the statutes is amended to read:
SB431,36,2524
108.16
(6) (f) Any amount available for such crediting under s. 108.04 (11)
(b) 25(be), 108.14 (8n) (e) or 108.141.
SB431, s. 43
1Section
43. 108.16 (8) (b) 4. of the statutes is amended to read:
SB431,37,52
108.16
(8) (b) 4. The department has received a written application from the
3transferee requesting that it be deemed a successor. Such application must be
4received by the department on or before the contribution
report and payment due
5date for the first full quarter following the date of transfer.
SB431, s. 44
6Section
44. 108.17 (2) of the statutes is renumbered 108.17 (2) (a) and
7amended to read:
SB431,37,148
108.17
(2) (a)
Every Except as provided in par. (b), every employer that is
9subject to a contribution requirement shall file quarterly reports of contributions
10required under this chapter with the department, and pay contributions to the
11department, in such manner as the department prescribes. Each contribution report
12and payment is due at the close of the month next following the end of the applicable
13calendar quarter, except as authorized in sub. (2c) or as the department may assign
14a later due date pursuant to sub. (1m) or general department rules.
SB431, s. 45
15Section
45. 108.17 (2) (b) of the statutes is created to read:
SB431,37,2516
108.17
(2) (b) The department may electronically provide a means whereby an
17employer that files its employment and wage reports electronically may determine
18the amount of contributions due for payment by the employer under s. 108.18 for
19each quarter. If an employer that is subject to a contribution requirement files its
20employment and wage reports under s. 108.205 (1) electronically, in the manner
21prescribed by the department for purposes of this paragraph, the department may
22require the employer to determine electronically the amount of contributions due for
23payment by the employer under s. 108.18 for each quarter. In such case, the
24employer is excused from filing contribution reports under par. (a). The employer
25shall pay the amount due for each quarter by the due date specified in par. (a).
SB431, s. 46
1Section
46
. 108.17 (2b) of the statutes is amended to read:
SB431,38,122
108.17
(2b) The department shall prescribe a form and methodology for filing
3contribution reports under sub. (2) electronically
using the Internet. Each employer
4of
50 25 or more employees, as determined under s. 108.22 (1) (ae), that does not use
5an employer agent to file its contribution reports under this section shall file its
6contribution reports electronically
using the Internet on the in the manner and form
7prescribed by the department.
Each employer that becomes subject to an electronic
8reporting requirement under this subsection shall file its initial report under this
9subsection for the quarter during which the employer becomes subject to the
10reporting requirement. Once an employer becomes subject to
the a reporting
11requirements requirement under this subsection, it shall continue to file its reports
12under this subsection unless that requirement is waived by the department.
SB431, s. 47
13Section
47. 108.17 (2c) (a) (intro.) of the statutes is amended to read:
SB431,38,1814
108.17
(2c) (a) (intro.) Except as provided in pars. (d) and (e), an employer that
15has a first quarter contribution liability of
$5,000
$1,000 or more may
elect to defer
16payment to later due dates beyond the due date established under sub. (1m) or (2)
17of not more than 60% of its first quarter contribution liability, without payment of
18interest, as follows:
SB431, s. 48
19Section
48. 108.17 (2c) (c) of the statutes is amended to read:
SB431,39,220
108.17
(2c) (c) If an employer fails to pay at least the specified minimum
21deferred amount for the first quarter, together with the full amount of contributions
22payable for any subsequent quarter,
or fails to file its employment and wage report
23in the format prescribed under par. (f), by a specified due date, then all unpaid
24contribution liability of that employer for the first quarter is delinquent under s.
1108.22 and interest thereon is payable from April 30 of the year in which the liability
2accrues.
SB431, s. 49
3Section
49. 108.17 (2c) (f) of the statutes is created to read:
SB431,39,84
108.17
(2c) (f) An employer that elects to defer payment of its first quarter
5contributions under this subsection shall file the election electronically, shall file its
6contribution reports under 108.17 (2) (a) unless excused from filing under s. 108.17
7(2) (b), and shall file its employment and wage reports under s. 108.205 electronically
8in the manner and form prescribed by the department.
SB431, s. 50
9Section
50
. 108.17 (2g) of the statutes is amended to read:
SB431,39,2110
108.17
(2g) An employer agent that prepares reports
under sub. (2) on behalf
11of
less than 25 employers
under sub. (2) shall file
those contribution reports
12electronically
using the Internet on the in the manner and form prescribed by the
13department under sub. (2b)
. An employer agent that prepares reports under sub. (2)
14on behalf of 25 or more employers shall file those reports using an electronic medium
15and format approved by the department. An employer agent that becomes subject
16to the reporting requirement under this subsection shall file its initial reports under
17this subsection for the 4th quarter beginning after the quarter in which the employer
18agent becomes subject to the reporting requirement. Once an employer agent
19becomes subject to the reporting requirement under this subsection, the employer
20agent shall continue to file its reports under this subsection unless that requirement
21is waived by the department.
SB431, s. 51
22Section
51. 108.17 (7) of the statutes is created to read:
SB431,40,423
108.17
(7) (a) Each employer whose net total contributions paid or payable
24under this section for any 12-month period ending on June 30 are at least $10,000
25shall pay all contributions under this section by means of electronic funds transfer
1beginning with the next calendar year. Once an employer becomes subject to an
2electronic payment requirement under this paragraph, the employer shall continue
3to make payment of all contributions by means of electronic funds transfer unless
4that requirement is waived by the department.
SB431,40,75
(b) Each employer agent shall pay all contributions under this section on behalf
6of each employer that is represented by the agent by means of electronic funds
7transfer.
SB431, s. 52
8Section
52. 108.18 (2) (a) of the statutes is amended to read:
SB431,40,129
108.18
(2) (a) Except as provided in pars. (c) and (d), an employer's contribution
10rate shall be
2.7% 2.5% on its payroll for each of the first 3 calendar years with respect
11to which contributions are credited to its account, except as additional contributions
12apply under this section.
SB431, s. 54
1Section
54. 108.18 (8) of the statutes is amended to read:
SB431,45,72
108.18
(8) Solvency contributions. Each employer's solvency contribution for
3each
period of a calendar
year
quarter of any year shall be figured by applying the
4solvency rate determined for that year under sub. (9) to the employer's payroll for
5that
period quarter, and shall be payable to the fund's balancing account by the
6due-date of its contribution report due date for payment of contributions by the
7employer for that quarter.
SB431, s. 56
1Section
56. 108.19 (1e) (a) of the statutes is amended to read:
SB431,51,82
108.19
(1e) (a) Except as provided in par. (b), each employer, other than an
3employer that finances benefits by reimbursement in lieu of contributions under s.
4108.15, 108.151, or 108.152 shall, in addition to other contributions payable under
5s. 108.18 and this section, pay an assessment to the administrative account for each
6year prior to the year
2008 2010 equal to the lesser of 0.01% of its payroll for that year
7or the solvency contribution that would otherwise be payable by the employer under
8s. 108.18 (9) for that year.
SB431, s. 57
9Section
57. 108.19 (1m) of the statutes is amended to read:
SB431,52,610
108.19
(1m) Each employer subject to this chapter as of the date a rate is
11established under this subsection shall pay an assessment to the administrative
12account at a rate established by the department sufficient to pay interest due on
13advances from the federal unemployment account under title XII of the social
14security act (
42 USC 1321 to
1324). The rate established by the department for
15employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall
16be 75% of the rate established for other employers. The amount of any employer's
17assessment shall be the product of the rate established for that employer multiplied
18by the employer's payroll of the previous calendar year as taken from quarterly
19contribution employment and wage reports filed by the employer
under s. 108.205
1(1) or, in the absence of the filing of such reports, estimates made by the department.
2Each assessment made under this subsection is due on the 30th day commencing
3after the date on which notice of the assessment is mailed by the department. If the
4amounts collected under this subsection are in excess of the amounts needed to pay
5interest due, the amounts shall be retained in the administrative account and
6utilized for the purposes specified in s. 108.20 (2m).
SB431, s. 58
7Section
58
. 108.20 (3) of the statutes is amended to read:
SB431,52,118
108.20
(3) There shall be included in the moneys governed by sub. (2m) any
9amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22
10(1) (a), (ac),
and (ad)
, and (af) as tardy filing fees, forfeitures, interest on delinquent
11payments, or other penalties and any excess moneys collected under s. 108.19 (1m).
SB431, s. 59
12Section
59. 108.205 (1m) of the statutes is amended to read:
SB431,52,1413
108.205
(1m) (a) The department shall prescribe
a the manner and form
and
14methodology for filing reports under sub. (1) electronically
using the Internet.
SB431,52,1615
(b) Each employer agent shall file its reports electronically in the
manner and 16form prescribed by the department.
SB431, s. 60
17Section
60
. 108.205 (2) of the statutes is amended to read:
SB431,53,318
108.205
(2) All employers Each employer of
50 25 or more employees, as
19determined under s. 108.22 (1) (ae),
that does not use an employer agent to file its
20reports under this section shall file the quarterly report under sub. (1)
using an
21electronic medium approved electronically in the manner and form prescribed by the
22department
for such employers. An employer that becomes subject to
the an
23electronic reporting requirement under this subsection shall file its initial report
24under this subsection for the
4th quarter
beginning after the quarter in during which
25the employer becomes subject to the reporting requirement. Once an employer
1becomes subject to the reporting requirement under this subsection, the employer
2shall continue to file its quarterly reports under this subsection unless that
3requirement is waived by the department.
SB431, s. 61
4Section
61
. 108.22 (1) (a) (intro.) of the statutes is renumbered 108.22 (1) (a)
5and amended to read:
SB431,53,156
108.22
(1) (a) If any employer, other than an employer which has ceased
7business and has not paid or incurred a liability to pay wages in any quarter
8following the cessation of business, is delinquent in making by the assigned due date
9any
contribution report, or other report or payment to the department required of it
10under this chapter
except a quarterly report under s. 108.205 or a voluntary
11contribution, the employer shall pay interest on
any the delinquent payment at the
12rate of one percent per month or fraction thereof from the date such payment became
13due. If any such employer is delinquent in making any quarterly report under s.
14108.205
(1) by the assigned due date, the employer shall pay a tardy filing fee
of $50 15for each delinquent quarterly report
as follows:.
SB431, s. 62
16Section
62
. 108.22 (1) (a) 1. and 2. of the statutes are repealed.
SB431, s. 63
17Section
63
. 108.22 (1) (ac) of the statutes is amended to read:
SB431,53,2318
108.22
(1) (ac) In addition to any fee assessed under par. (a), the department
19may assess an employer or employer agent that is subject to the reporting
20requirement under s. 108.205 (2) and that fails to file its report in
a format the
21manner and form prescribed under that subsection a penalty of
$10 $15 for each
22employee whose information is not reported in
a format the manner and form 23prescribed under s. 108.205 (1m) (b) or (2).
SB431, s. 64
24Section
64
. 108.22 (1) (ac) of the statutes, as affected by 2007 Wisconsin Act
25.... (this act), is amended to read:
SB431,54,6
1108.22
(1) (ac) In addition to any fee assessed under par. (a), the department
2may assess an employer or employer agent that is subject to the reporting
3requirement under s. 108.205 (2) and that fails to file its report in the manner and
4form prescribed under that subsection a penalty of
$15
$20 for each employee whose
5information is not reported in the manner and form prescribed under s. 108.205 (1m)
6(b) or (2).
SB431, s. 65
7Section
65. 108.22 (1) (ad) 1. of the statutes is amended to read:
SB431,54,138
108.22
(1) (ad) 1. An employer agent that is subject to the reporting
9requirements under s. 108.17 (2g) and that fails to file a contribution report in
10accordance with s. 108.17 (2g) may be assessed a penalty by the department in the
11amount of $25 for each employer whose report is not filed
using an electronic format
12and medium approved electronically in the manner and form prescribed by the
13department.
SB431, s. 66
14Section
66. 108.22 (1) (ae) of the statutes is amended to read:
SB431,54,1715
108.22
(1) (ae) For purposes of par.
(a) (ac), the number of employees employed
16by an employer is the total number of employees employed by the employer at any
17time during the reporting period.
SB431, s. 67
18Section
67. 108.22 (1) (af) of the statutes is created to read:
SB431,54,2419
108.22
(1) (af) In addition to the fee assessed under par. (a), the department
20may assess an employer or employer agent that is subject to a requirement to make
21contributions by means of an electronic funds transfer under s. 108.17 (7) and that
22pays contributions by any method inconsistent with s. 108.17 (7) a penalty of the
23greater of $50 or an amount equal to one-half of one percent of the total contributions
24paid by the employer or employer agent for the quarter in which the violation occurs.
SB431, s. 68
25Section
68
. 108.22 (1) (am) of the statutes is amended to read:
SB431,55,3
1108.22
(1) (am) The interest, penalties, and tardy filing fees levied under pars.
2(a), (ac),
and (ad)
, and (af) shall be paid to the department and credited to the
3administrative account.
SB431, s. 69
4Section
69. 108.22 (1) (c) of the statutes is amended to read:
SB431,55,135
108.22
(1) (c) Any report or payment, except a payment required by s. 108.15
6(5) (b) or 108.151 (5) (f) or (7), to which this subsection applies is delinquent, within
7the meaning of par. (a), unless it is received by the department, in the form prescribed
8by law or rule of the department, no later than its due date as determined under par.
9(b)
, or if mailed is either postmarked no later than that due date or is received by the
10department no later than 3 days after that due date. Any payment required by s.
11108.15 (5) (b) or 108.151 (5) (f) or (7) is delinquent, within the meaning of par. (a),
12unless it is received by the department, in the form prescribed by law, no later than
13the last day of the month in which it is due.
SB431, s. 70
14Section
70. 108.22 (9) of the statutes is amended to read:
SB431,56,1115
108.22
(9) An individual who is an officer, employee, member or manager
16holding at least 20% of the ownership interest of a corporation or of a limited liability
17company subject to this chapter, and who has control or supervision of or
18responsibility for filing
any required contribution reports or making payment of
19contributions, and who willfully fails to file such reports or to make such payments
20to the department, or to ensure that such reports are filed or that such payments are
21made, may be found personally liable for such amounts, including interest, tardy
22payment or filing fees, costs and other fees, in the event that after proper proceedings
23for the collection of such amounts, as provided in this chapter, the corporation or
24limited liability company is unable to pay such amounts to the department.
25Ownership interest of a corporation or limited liability company includes ownership
1or control, directly or indirectly, by legally enforceable means or otherwise, by the
2individual, by the individual's spouse or child, by the individual's parent if the
3individual is under age 18, or by a combination of 2 or more of them, and such
4ownership interest of a parent corporation or limited liability company of which the
5corporation or limited liability company unable to pay such amounts is a wholly
6owned subsidiary. The personal liability of such officer, employee, member or
7manager as provided in this subsection survives dissolution, reorganization,
8bankruptcy, receivership, assignment for the benefit of creditors, judicially
9confirmed extension or composition, or any analogous situation of the corporation or
10limited liability company and shall be set forth in a determination or decision issued
11under s. 108.10.
SB431,56,1613
(1) The council on unemployment insurance shall appoint a committee to study
14the definition of "employee" under section 108.02 (12) of the statutes for the purpose
15of considering changes to the definition. The committee shall report its
16recommendations to the council on unemployment insurance by June 30, 2009.