AB255: Bill Text

AB255,22,24 108.06 (2) (c) No benefits are payable to a claimant for any week of unemployment not occurring during the claimant's benefit year except under sub. (7) and ss. 108.141 and 108.142.

AB255,23,4 (cm) If an employee qualifies to receive benefits using the base period described in s. 108.02 (4) (b), the wages used to compute the employee's benefit entitlement are not available for use in any subsequent benefit computation for the same employee, except under sub. (7) and s. 108.141 or 108.142.

AB255,23,9 (3) There shall be payable to an employee, for weeks ending within the employee's benefit year, only those benefits computed for that benefit year based on the wages paid to the employee in the immediately preceding base period. Wages used in a given benefit computation are not available for use in any subsequent benefit computation except under sub. (7) and s. 108.141.

AB255,23,18 (6) (intro.) If a claimant has established a benefit year prior to the effective date of any increase in the maximum weekly benefit rate provided under s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement under sub. (1) for that benefit year on that effective date, and the claimant was entitled to receive the maximum weekly benefit rate under s. 108.05 (1) that was in effect prior to that effective date, the limitation on the total benefits authorized to be paid to a claimant under sub. (1) does not apply to that claimant in that benefit year. Unless sub. (7) or s. 108.141 or 108.142 applies, the claimant's remaining benefit entitlement in that benefit year for the period beginning on that effective date shall be computed by:

AB255, s. 54 Section 54. 108.06 (7) of the statutes is created to read:

AB255,23,20 108.06 (7) (a) In this subsection:

AB255,23,24 1. "Applicable benefit year" means, with respect to a claimant, the claimant's current benefit year if at the time an initial claim for benefits under this subsection is filed the claimant has an unexpired benefit year or, in any other case, the claimant's most recent benefit year.

AB255,23,25 2. "Training program" means any program of a type specified in s. 108.04 (16).

AB255,24,4 (b) Except as provided in pars. (f) and (g), a claimant who is otherwise eligible for benefits and who is currently enrolled in a training program is eligible, while enrolled in that training program, for additional benefits under this subsection provided that the claimant:

AB255,24,9 1. Has exhausted all rights to regular benefits, Wisconsin supplemental benefits, federal emergency compensation benefits under P.L. 110-252 and P.L. 110-449, as amended, extended benefits under s. 108.141, and the federal trade act of 1974 (P.L. 93-618), or any other similar state or federal program of additional benefits;

AB255,24,12 2. If not in a current benefit year, has a benefit year that ended no earlier than 52 weeks prior to the week for which the claimant first claims benefits under this subsection;

AB255,24,14 3. Except as provided in par. (e), is first enrolled in a training program within the claimant's applicable benefit year;

AB255,24,16 4. Is not receiving similar stipends or other training allowances for nontraining costs;

AB255,24,20 5. Was separated from employment in a declining occupation or involuntarily separated from employment as a result of a permanent reduction in operations by his or her employing unit, if the separation occurred no earlier than the beginning of the base period for the claimant's applicable benefit year; and

AB255,24,21 6. Is being trained for entry into a high-demand occupation.

AB255,24,24 (c) The weekly benefit rate payable to a claimant under this subsection for a week of total unemployment is an amount equal to the most recent weekly benefit rate in the claimant's applicable benefit year as determined under s. 108.05 (1).

AB255,25,3 (d) No claimant may receive total benefits under this subsection greater than 26 times the claimant's weekly benefit rate that applied to the claimant's applicable benefit year.

AB255,25,9 (e) A claimant who is otherwise eligible for benefits under par. (b) and whose applicable benefit year ends in a week in which benefits are payable in this state under s. 108.141 or 108.142, or P.L. 110-252 or P.L. 110-449, as amended, or another similar state or federal program of additional benefits, is also eligible for benefits under this subsection if the claimant is first enrolled in a training program within 52 weeks after the end of the claimant's applicable benefit year.

AB255,25,12 (f) No benefits may be paid to a claimant under this subsection for weeks beginning more than 52 weeks after the first week for which the claimant received benefits under this subsection.

AB255,25,16 (g) Except when the result would be inconsistent with the other provisions of this subsection, the provisions of this chapter that apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, benefits under this subsection.

AB255,25,18 (h) The occupations that qualify as declining or high-demand for purposes of this subsection shall be determined by the department.

AB255,25,21 (i) The restrictions on benefit reductions and disqualifications in s. 108.04 (16) apply to a claimant in a training program who is entitled to receive benefits under this subsection.

AB255,25,23 (j) The department shall charge benefits paid under this subsection in the same manner as benefits are charged under s. 108.04 (16).

AB255, s. 55 Section 55. 108.14 (8n) (e) of the statutes is amended to read:

AB255,26,14 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p) or, (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), (5) (b) or (8) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

AB255, s. 56 Section 56. 108.141 (1) (a) and (b) 2. of the statutes are amended to read:

AB255,27,3 108.141 (1) (a) "Eligibility period" of an individual means the period consisting of the weeks each week in the individual's benefit year which begin begins in an extended benefit period and, if the individual's benefit year ends within such that extended benefit period, any weeks each week thereafter which begin begins in such a period. For weeks of unemployment beginning on or after February 17, 2009, and ending before June 1, 2010, or the last week for which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto, whichever is later, "eligibility period" also means the period consisting of each week during which an individual is eligible for emergency unemployment compensation under P.L. 110-252 and P.L. 110-449, or any amendments thereto, and if that week begins in an extended benefit period or if an individual's eligibility for benefits under P.L. 110-252 and P.L. 110-449, or any amendment thereto, ends within an extended benefit period, each week thereafter which begins in that extended benefit period.

AB255,27,6 (b) 2. His or her benefit year having expired in the extended benefit period and prior to such week, lacks base period wages on the basis of which he or she could establish a benefit year under s. 108.06; and or

AB255, s. 57 Section 57. 108.141 (1) (b) 2m. of the statutes is created to read:

AB255,27,14 108.141 (1) (b) 2m. For weeks of unemployment beginning after February 17, 2009, and ending before June 1, 2010, or with the last week for which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto, whichever is later, has exhausted federal emergency unemployment compensation under P.L. 110-252 and P.L. 110-449, and any amendments thereto, within an extended benefit period that began in a week during or before which the individual has exhausted that emergency unemployment compensation; and

AB255, s. 58 Section 58. 108.141 (1) (dm) of the statutes is created to read:

AB255,27,18 108.141 (1) (dm) "High unemployment period" means a period during which an extended benefit period would be in effect if par. (f) 3. a. were applied by substituting an average rate of total unemployment that equals or exceeds 8 percent.

AB255, s. 59 Section 59. 108.141 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 1, is repealed and recreated to read:

AB255,27,23 108.141 (1) (e) There is a Wisconsin "off" indicator for a week if, for the period consisting of that week and the immediately preceding 12 weeks, there is not a Wisconsin "on" indicator.

AB255, s. 60 Section 60. 108.141 (1) (f) of the statutes is repealed and recreated to read:

AB255,27,25 108.141 (1) (f) There is a Wisconsin "on" indicator for a week if:

AB255,28,4 1. The rate of insured unemployment for the period consisting of that week and the immediately preceding 12 weeks equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded 5 percent; or

AB255,28,7 2. The rate of insured unemployment for the period consisting of that week and the immediately preceding 12 weeks equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the 2 preceding calendar years; or

AB255,28,11 3. With respect to weeks of unemployment beginning on or after February 17, 2009, and ending with the week ending 3 weeks prior to the last week in which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto:

AB255,28,15 a. The average rate of total unemployment, seasonally adjusted, as determined by the U.S. secretary of labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 6.5 percent; and

AB255,28,20 b. The average rate of total unemployment in this state, seasonally adjusted, as determined by the U.S. secretary of labor for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.

AB255, s. 61 Section 61. 108.141 (5) of the statutes is repealed and recreated to read:

AB255,28,24 108.141 (5) Total extended benefit amount. (a) Except as provided in pars. (b) and (c), the total extended benefit amount payable to an eligible individual in his or her benefit year is the least of the following amounts:

AB255,29,3 1. Fifty percent of the total amount of regular benefits that were payable to the individual in the individual's most recent benefit year rounded down to the nearest dollar, including benefits canceled under s. 108.04 (5); or

AB255,29,4 2. Thirteen times the individual's weekly benefit amount.

AB255,29,9 (b) The total extended benefit amount payable to an individual in his or her benefit year shall be reduced by the total amount of additional benefits paid or treated as paid under s. 108.142 for weeks of unemployment in the individual's benefit year that began prior to the beginning of the extended benefit period that is in effect in the week in which the individual first claims extended benefits.

AB255,29,12 (c) Except as provided in par. (b), effective with respect to weeks beginning in a high unemployment period, the total extended benefit amount payable to an individual in his or her benefit year is the least of the following amounts:

AB255,29,15 1. Eighty percent of the total amount of regular benefits that were payable to the individual in the individual's most recent benefit year rounded down to the nearest dollar, including benefits canceled under s. 108.04 (5); or

AB255,29,16 2. Twenty times the individual's weekly benefit amount.

AB255, s. 62 Section 62. 108.141 (7) (a) of the statutes is amended to read:

AB255,29,24 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p) or, (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), (5) (b) or (8) applies to the fund's balancing account.

AB255, s. 63 Section 63. 118.125 (2) (g) 2. of the statutes is amended to read:

AB255,30,6 118.125 (2) (g) 2. Upon request by the department, the school board shall provide the department with any information contained in a pupil record that relates to an audit or evaluation of a federal or state-supported program or that is required to determine compliance with requirements under chs. 115 to 121. The department shall keep confidential all pupil records provided to the department by a school board.

AB255, s. 64 Section 64. 149.10 (2t) (e) of the statutes is amended to read:

AB255,30,11 149.10 (2t) (e) If the individual was offered the option of continuation coverage under a federal continuation provision or similar state program, including under 2009 Wisconsin Act .... (this act), section 9126 (2 ), the individual elected the continuation coverage.

AB255, s. 65 Section 65. 560.799 (1) (am) of the statutes is created to read:

AB255,30,16 560.799 (1) (am) 1. Except as provided in subd. 2., "full-time employee" means an individual who is employed in a regular, nonseasonal job and who, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.

AB255,30,22 2. The department may by rule specify circumstances under which the department may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time employee mean an individual who, as a condition of employment, is required to work less than 37.5 hours per week.

AB255, s. 66 Section 66. 560.799 (3) (a) of the statutes is amended to read:

AB255,31,3 560.799 (3) (a) The department may designate not more than 10 enterprise zones. The department may designate an area as an enterprise zone if the area does not exceed 50 acres.

AB255, s. 67 Section 67. 560.799 (3) (b) of the statutes is renumbered 560.799 (3) (b) (intro.) and amended to read:

AB255,31,7 560.799 (3) (b) (intro.) In determining whether to designate an area under par. (a), the department shall consider all of the following:

AB255,31,11 1. Indicators of the area's economic need, which may include data regarding household income, average wages, the condition of property, housing values, population decline, job losses, infrastructure and energy support, the rate of business development, and the existing resources available to the area; the.

AB255,31,14 2. The effect of designation on other initiatives and programs to promote economic and community development in the area, including job retention, job creation and, job training, and creating high-paying jobs.

AB255, s. 68 Section 68. 560.799 (3) (bm) of the statutes is created to read:

AB255,31,18 560.799 (3) (bm) The department shall specify whether an enterprise zone designated under par. (a) is located in a tier I county or municipality or a tier II county or municipality.

AB255, s. 69 Section 69. 560.799 (5) (d) of the statutes is created to read:

AB255,31,22 560.799 (5) (d) A business that retains jobs in an enterprise zone, but only if the business makes a significant capital investment in property located in the enterprise zone and at least one of the following applies:

AB255,31,24 1. The business is an original equipment manufacturer with a significant supply chain in the state, as determined by the department by rule.

AB255,32,2 2. More than 500 full-time employees are employed by the business in the enterprise zone.

AB255, s. 70 Section 70. 560.799 (6) (g) of the statutes is created to read:

AB255,32,4 560.799 (6) (g) The department shall promulgate the following by rule:

AB255,32,7 1. The definitions of a tier I county or municipality and a tier II county or municipality. The department may consider all of the following information when establishing the definitions required under this subdivision:

AB255,32,8 a. Unemployment rate.

AB255,32,10 b. Percentage of families with incomes below the poverty line established under 42 USC 9902 (2).

AB255,32,11 c. Median family income.

AB255,32,12 d. Median per capita income.

AB255,32,14 e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.

AB255,32,16 2. The definition of an original equipment manufacturer with a significant supply chain in the state.

AB255, s. 71 Section 71. 632.746 (3) (b) of the statutes is amended to read:

AB255,33,2 632.746 (3) (b) With respect to enrollment of an individual under a group health plan or a group health benefit plan, a period of creditable coverage after which the individual was not covered under any creditable coverage for a period of at least 63 days before enrollment in the group health plan or group health benefit plan may not be counted. For purposes of this paragraph, the period specified in 2009 Wisconsin Act .... (this act), section 9126 (2 ) (i), or any waiting period or affiliation period for coverage under the group health plan or group health benefit plan shall not be taken into account in determining the period before enrollment in the group health plan or group health benefit plan.

AB255, s. 9110 Section 9110. Nonstatutory provisions; Commerce.

AB255,33,14 (1) Enterprise zone jobs credit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.799 (6) (g) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB255,33,22 (2) Enterprise zone jobs credit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.799 (6) (g) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

AB255, s. 9126 Section 9126. Nonstatutory provisions; Insurance.

AB255,33,24 (1) Definitions. In this section, unless the context requires otherwise:

AB255,34,2 (a) "Covered employee" means a person who was previously covered under an employer's group policy.

AB255,34,4 (b) "Federal act" means the American Recovery and Reinvestment Act of 2009, P.L. 111-5.

AB255,34,6 (c) "Group policy" has the meaning given in section 632.897 (1) (c) 1., 2., and 3. of the statutes.