2011 WISCONSIN ACT 198
An Act to repeal 20.445 (1) (v), 25.17 (1) (xf), 108.04 (8) (b), 108.04 (13) (cm), 108.05 (3) (b), 108.09 (4r) and 108.19 (1s); to renumber 108.065 (1) and 108.065 (1m) and (2); to renumber and amend 108.05 (3) (c); to amend 20.445 (1) (gd), 20.445 (1) (gg), 108.04 (2) (a) 3. (intro.), 108.04 (11) (a) and (b), 108.04 (11) (bm), 108.05 (3) (a), 108.16 (6) (f), 108.16 (6) (L), 108.16 (6) (m), 108.16 (6m) (g), 108.16 (8) (h), 108.16 (10), 108.19 (title), 108.19 (1m), 108.22 (1m), 108.22 (8) (b) 1. d. and 108.225 (1) (b); to repeal and recreate 108.04 (11) (be); and to create 20.445 (1) (u), 20.445 (1) (v), 25.17 (1) (xe), 25.17 (1) (xf), 108.04 (2) (bm), 108.05 (3) (c) 1. to 3., 108.05 (3) (dm), 108.065 (1e), 108.065 (3), 108.19 (1q) and 108.19 (1s) of the statutes; relating to: various changes in the unemployment insurance law, providing a penalty, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
198,1
Section
1. 20.445 (1) (gd) of the statutes is amended to read:
20.445
(1) (gd)
Unemployment interest and penalty payments. All moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22
, assessments under s. 108.19 (1m) except interest and penalties deposited under s. 108.19 (1q), and forfeitures under s. 103.05 (5), all moneys not appropriated under par. (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and
1987 Wisconsin Act 38, section
132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for research relating to the condition of the unemployment reserve fund under s. 108.14 (6), for administration of the unemployment insurance program and federal or state unemployment insurance programs authorized by the governor under s. 16.54, for satisfaction of any federal audit exception concerning a payment from the unemployment reserve fund or any federal aid disallowance concerning the unemployment insurance program, for assistance to the department of justice in the enforcement of ch. 108, for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.
198,2
Section
2. 20.445 (1) (gg) of the statutes is amended to read:
20.445 (1) (gg) Unemployment information technology systems; interest and penalties. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under s. 108.19 (1q), as a continuing appropriation, the amounts in the schedule for the purpose specified in s. 108.19 (1e) (d).
198,3
Section
3. 20.445 (1) (u) of the statutes is created to read:
20.445 (1) (u) Unemployment interest payments and transfers. From the unemployment interest payment fund, a sum sufficient to make the payments and transfers authorized under s. 108.19 (1m).
198,4
Section
4. 20.445 (1) (v) of the statutes is created to read:
20.445 (1) (v) Unemployment program integrity. From the unemployment program integrity fund, a sum sufficient to make the payments authorized under s. 108.19 (1s).
198,4m
Section 4m. 20.445 (1) (v) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.
198,5
Section
5. 25.17 (1) (xe) of the statutes is created to read:
25.17 (1) (xe) Unemployment interest payment fund (s. 108.19 (1q));
198,6
Section
6. 25.17 (1) (xf) of the statutes is created to read:
25.17 (1) (xf) Unemployment program integrity fund (s. 108.19 (1s));
198,6m
Section 6m. 25.17 (1) (xf) of the statutes, as created by 2011 Wisconsin Act.... (this act), is repealed.
198,7
Section
7. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read:
108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b). The search for suitable work must include 2 actions that constitute a reasonable search as prescribed by rule of the department. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:
198,8
Section
8. 108.04 (2) (bm) of the statutes is created to read:
108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to conduct a reasonable search for suitable work and the department has not waived the search requirement under par. (b). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22 (8).
198,10
Section
10. 108.04 (11) (a) and (b) of the statutes are amended to read:
108.04 (11) (a) If a claimant, in filing his or her application for benefits or claim for any week, conceals any material fact relating to his or her eligibility for benefits, the claimant shall forfeit benefits in accordance with is ineligible for benefits as provided in par. (be).
(b) If a claimant, in filing a claim for any week, conceals any of his or her wages earned in or paid or payable for that week, the claimant shall forfeit benefits in accordance with par. (be). In addition, the claimant shall be denied benefits for that week is ineligible for benefits as provided in par. (be).
198,11
Section
11. 108.04 (11) (be) of the statutes is repealed and recreated to read:
108.04 (11) (be) A claimant is ineligible for benefits for acts of concealment described in pars. (a) and (b) as follows:
1. For each single act of concealment occurring before the date of the first determination of concealment under par. (a) or (b), the claimant is ineligible for benefits for which he or she would otherwise be eligible in an amount equivalent to 2 times the claimant's weekly benefit rate under s. 108.05 (1) for the week in which the claim is made.
2. For each single act of concealment occurring after the date of the first determination of concealment under par. (a) or (b), the claimant is ineligible for benefits for which he or she would otherwise be eligible in an amount equivalent to 4 times the claimant's weekly benefit rate under s. 108.05 (1) for the week in which the claim is made.
3. For each single act of concealment occurring after the date of a 2nd or subsequent determination of concealment under par. (a) or (b), the claimant is ineligible for benefits for which he or she would otherwise be eligible in an amount equivalent to 8 times the claimant's weekly benefit rate under s. 108.05 (1) for the week in which the claim is made.
198,13
Section
13. 108.04 (11) (bm) of the statutes is amended to read:
108.04 (11) (bm) The forfeiture established The department shall apply any ineligibility under par. (be) may be applied against benefits and weeks of eligibility for which the claimant would otherwise become payable to the claimant for weeks of unemployment occurring be eligible after the week of concealment and within 6 years after the date of an initial determination issued under s. 108.09 finding that a concealment occurred. The claimant shall not receive waiting period credit under s. 108.04 (3) for the period of ineligibility applied under par. (be). If no benefit rate applies to the week for which the claim is made, the department shall use the claimant's benefit rate for the claimant's next benefit year beginning after the week of concealment to determine the forfeiture amount. If the benefits forfeited would otherwise be chargeable to an employer's account, the department shall charge the amount of benefits forfeited to the employer's account and shall credit the fund's balancing account for that amount of the benefit reduction.
198,15
Section
15. 108.05 (3) (a) of the statutes is amended to read:
108.05
(3) (a) Except as provided in pars.
(b), (c),
and (d)
, and (dm) if an eligible employee earns wages in a given week, the first $30 of the wages shall be disregarded and the employee's applicable weekly benefit payment shall be reduced by 67% of the remaining amount, except that no such employee is eligible for benefits if the employee's benefit payment would be less than $5 for any week. For purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of
26 USC 125, and any amount that a claimant would have earned in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical technician, or volunteer first responder. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.
198,16
Section
16. 108.05 (3) (b) of the statutes is repealed.
198,17
Section
17. 108.05 (3) (c) of the statutes is renumbered 108.05 (3) (c) (intro.) and amended to read:
108.05 (3) (c) (intro.) A claimant is ineligible to receive any benefits for a week in which the claimant works a total of 40 or more hours for one or more employing units. one or more of the following applies to the claimant for 32 or more hours in that week:
198,18
Section
18. 108.05 (3) (c) 1. to 3. of the statutes are created to read:
108.05 (3) (c) 1. The claimant performs works; or
2. The claimant has wages ascribed under s. 108.04 (1) (bm); or
3. The claimant receives holiday pay, vacation pay, termination pay, or sick pay under circumstances satisfying the requirements of subs. (4), (5), or (5m) for treatment as wages in that week.
198,19
Section
19. 108.05 (3) (dm) of the statutes is created to read:
108.05 (3) (dm) A claimant is ineligible to receive any benefits for a week if the claimant receives from one or more employers:
1. Wages earned for work performed in that week of more than $500; or
2. Sick pay, holiday pay, vacation pay, or termination pay which, by itself or in combination with wages earned for work performed in that week, is equivalent to more than $500.
198,20
Section
20. 108.065 (1) of the statutes is renumbered 108.065 (2) (a) 1.
198,21
Section
21. 108.065 (1e) of the statutes is created to read:
108.065 (1e) Except as provided in subs. (2) and (3), if there is more than one employing unit that has a relationship to an employee, the department shall determine which of the employing units is the employer of the employee by considering the following:
(a) An employing unit's right by contract and in fact to:
1. Determine a prospective employee's qualifications to perform the services in question and to hire or discharge the employee.
2. Determine the details of the employee's pay including the amount of, method of, and frequency of changes in that pay.
3. Train the employee and exercise direction and control over the performance of services by the employee and when and how they are to be performed.
4. Impose discipline upon the employee for rule or policy infractions or unsatisfactory performance.
5. Remove the employee from one job or assign the employee to a different job.
6. Require oral or written reports from the employee.
7. Evaluate the quantity and quality of the services provided by the employee.
8. Assign a substitute employee to perform the services of an employee if the employee is unavailable for work or is terminated from work.
9. Assign alternative work to the employee if the employee is removed from a particular job.
(b) Which employing unit:
1. Benefits directly or indirectly from the services performed by the employee.
2. Maintains a pool of workers who are available to perform the services in question.
3. Is responsible for employee compliance with applicable regulatory laws and for enforcement of such compliance.
198,22
Section
22. 108.065 (1m) and (2) of the statutes are renumbered 108.065 (2) (b) and (c).
198,23
Section
23. 108.065 (3) of the statutes is created to read:
108.065 (3) A provider of home health care and personal care services for medical assistance recipients under ch. 49 may elect to be the employer of one or more employees providing those services. As a condition of eligibility for election to be the employer of one or more employees providing those services, the provider shall notify in writing the recipient of any such services of its election, for purposes of the unemployment insurance law, to be the employer of any worker providing such services to the recipient, and must be treated as the employer by the federal internal revenue service for purposes of federal unemployment taxes on the worker's services.
198,28
Section
28. 108.16 (6) (f) of the statutes is amended to read:
108.16 (6) (f) Any amount available for such crediting under s. 108.04 (11) (be), 108.14 (8n) (e) or 108.141.
198,29
Section
29. 108.16 (6) (L) of the statutes is amended to read:
108.16 (6) (L) The amount of any overpayments that are recovered by the department by setoff pursuant to s. 71.93 or the amount of any overpayments resulting from fraud or failure to report earnings that are recovered by the department by offset pursuant to section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a similar federal program.
198,30
Section
30. 108.16 (6) (m) of the statutes is amended to read:
108.16 (6) (m) Any amounts collected from assessments levied under s. 108.19 (1m) exceeding the amounts needed to pay interest due on advances from the federal unemployment account under title XII of the Social Security Act (42 USC 1321 to 1324) transferred to the balancing account from the unemployment interest payment fund.
