AB310, s. 2
9Section
2. 20.445 (1) (gg) of the statutes is amended to read:
AB310,6,1410
20.445
(1) (gg)
Unemployment information technology systems; interest and
11penalties. From the moneys received as interest and penalties collected under ss.
12108.04 (11) (c) and (cm) and (13) (c) and 108.22
except interest and penalties
13deposited under s. 108.19 (1q), as a continuing appropriation, the amounts in the
14schedule for the purpose specified in s. 108.19 (1e) (d).
AB310, s. 3
15Section
3. 20.445 (1) (u) of the statutes is created to read:
AB310,6,1816
20.445
(1) (u)
Unemployment interest payments and transfers. From the
17unemployment interest payment fund, a sum sufficient to make the payments and
18transfers authorized under s. 108.19 (1m).
AB310, s. 4
19Section
4. 20.445 (1) (v) of the statutes is created to read:
AB310,6,2220
20.445
(1) (v)
Unemployment program integrity. From the unemployment
21program integrity fund, a sum sufficient to make the payments authorized under s.
22108.19 (1s).
AB310, s. 5
23Section
5. 25.17 (1) (xe) of the statutes is created to read:
AB310,6,2424
25.17
(1) (xe) Unemployment interest payment fund (s. 108.19 (1q));
AB310, s. 6
25Section
6. 25.17 (1) (xf) of the statutes is created to read:
AB310,7,1
125.17
(1) (xf) Unemployment program integrity fund (s. 108.19 (1s));
AB310, s. 7
2Section
7. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read:
AB310,7,123
108.04
(2) (a) 3. (intro.) The individual conducts a reasonable search for
4suitable work during that week
, unless the search requirement is waived under par.
5(b). The search for suitable work must include 2 actions that constitute a reasonable
6search as prescribed by rule of the department. This subdivision does not apply to
7an individual if the department determines that the individual is currently laid off
8from employment with an employer but there is a reasonable expectation of
9reemployment of the individual by that employer. In determining whether the
10individual has a reasonable expectation of reemployment by an employer, the
11department shall request the employer to verify the individual's employment status
12and shall also consider other factors, including:
AB310, s. 8
13Section
8. 108.04 (2) (bm) of the statutes is created to read:
AB310,7,1814
108.04
(2) (bm) A claimant is ineligible to receive benefits for any week for
15which there is a determination that the claimant failed to conduct a reasonable
16search for suitable work and the department has not waived the search requirement
17under par. (b). If the department has paid benefits to a claimant for any such week,
18the department may recover the overpayment under s. 108.22 (8).
AB310, s. 10
21Section
10. 108.04 (11) (a) and (b) of the statutes are amended to read:
AB310,7,2522
108.04
(11) (a) If a claimant, in filing his or her application for benefits or claim
23for any week, conceals any material fact relating to his or her eligibility for benefits,
24the claimant
shall forfeit benefits in accordance with
is ineligible for benefits as
25provided in par. (be).
AB310,8,4
1(b) If a claimant, in filing a claim for any week, conceals any of his or her wages
2earned in or paid or payable for that week, the claimant
shall forfeit benefits in
3accordance with par. (be). In addition, the claimant shall be denied benefits for that
4week is ineligible for benefits as provided in par. (be).
AB310, s. 11
5Section
11. 108.04 (11) (be) of the statutes is repealed and recreated to read:
AB310,8,76
108.04
(11) (be) A claimant is ineligible for benefits for acts of concealment
7described in pars. (a) and (b) as follows:
AB310,8,128
1. For each single act of concealment occurring before the date of the first
9determination of concealment under par. (a) or (b), the claimant is ineligible for
10benefits for which he or she would otherwise be eligible in an amount equivalent to
112 times the claimant's weekly benefit rate under s. 108.05 (1) for the week in which
12the claim is made.
AB310,8,1713
2. For each single act of concealment occurring after the date of the first
14determination of concealment under par. (a) or (b), the claimant is ineligible for
15benefits for which he or she would otherwise be eligible in an amount equivalent to
164 times the claimant's weekly benefit rate under s. 108.05 (1) for the week in which
17the claim is made.
AB310,8,2218
3. For each single act of concealment occurring after the date of a 2nd or
19subsequent determination of concealment under par. (a) or (b), the claimant is
20ineligible for benefits for which he or she would otherwise be eligible in an amount
21equivalent to 8 times the claimant's weekly benefit rate under s. 108.05 (1) for the
22week in which the claim is made.
AB310, s. 12
23Section
12. 108.04 (11) (bh) of the statutes is created to read:
AB310,9,224
108.04
(11) (bh) In addition to ineligibility for benefits resulting from
25concealment as provided in par. (be), the department shall assess a penalty against
1the claimant in an amount equal to 15 percent of the benefit payments paid to the
2claimant as a result of one or more acts of concealment described in pars. (a) and (b).
AB310, s. 13
3Section
13. 108.04 (11) (bm) of the statutes is amended to read:
AB310,9,164
108.04
(11) (bm)
The forfeiture established The department shall apply any
5ineligibility under par. (be)
may be applied against benefits
and weeks of eligibility
6for which
the claimant would otherwise
become payable to the claimant for weeks
7of unemployment occurring be eligible after the week of concealment and within 6
8years after the date of an initial determination issued under s. 108.09 finding that
9a concealment occurred.
The claimant shall not receive waiting period credit under
10s. 108.04 (3) for the period of ineligibility applied under par. (be). If no benefit rate
11applies to the week for which the claim is made, the department shall use the
12claimant's benefit rate for the claimant's next benefit year beginning after the week
13of concealment to determine the
forfeiture amount
. If the benefits forfeited would
14otherwise be chargeable to an employer's account, the department shall charge the
15amount of benefits forfeited to the employer's account and shall credit the fund's
16balancing account for that amount of the benefit reduction.
AB310, s. 15
19Section
15. 108.05 (3) (a) of the statutes is amended to read:
AB310,9,2520
108.05
(3) (a) Except as provided in pars.
(b), (c),
and (d)
, and (dm) if an eligible
21employee earns wages in a given week, the first $30 of the wages shall be disregarded
22and the employee's applicable weekly benefit payment shall be reduced by 67% of the
23remaining amount, except that no such employee is eligible for benefits if the
24employee's benefit payment would be less than $5 for any week. For purposes of this
25paragraph, "wages" includes any salary reduction amounts earned that are not
1wages and that are deducted from the salary of a claimant by an employer pursuant
2to a salary reduction agreement under a cafeteria plan, within the meaning of
26
3USC 125, and any amount that a claimant would have earned in available work
4under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes
5any amount that a claimant earns for services performed as a volunteer fire fighter,
6volunteer emergency medical technician, or volunteer first responder. In applying
7this paragraph, the department shall disregard discrepancies of less than $2
8between wages reported by employees and employers.
AB310, s. 16
9Section
16. 108.05 (3) (b) of the statutes is repealed.
AB310, s. 17
10Section
17. 108.05 (3) (c) of the statutes is renumbered 108.05 (3) (c) (intro.)
11and amended to read:
AB310,10,1512
108.05
(3) (c) (intro.) A claimant is ineligible to receive any benefits for a week
13in which
the claimant works a total of 40 or more hours for one or more employing
14units. one or more of the following applies to the claimant for 32 or more hours in that
15week:
AB310, s. 18
16Section
18. 108.05 (3) (c) 1. to 3. of the statutes are created to read:
AB310,10,1717
108.05
(3) (c) 1. The claimant performs works; or
AB310,10,1818
2. The claimant has wages ascribed under s. 108.04 (1) (bm); or
AB310,10,2119
3. The claimant receives holiday pay, vacation pay, termination pay, or sick pay
20under circumstances satisfying the requirements of subs. (4), (5), or (5m) for
21treatment as wages in that week.
AB310, s. 19
22Section
19. 108.05 (3) (dm) of the statutes is created to read:
AB310,10,2523
108.05
(3) (dm) A claimant is ineligible to receive any benefits for a week if the
24claimant receives from one or more employers: 1. Wages earned for work performed
25in that week of more than $500; or
AB310,11,3
12. Sick pay, holiday pay, vacation pay, or termination pay which, by itself or in
2combination with wages earned for work performed in that week, is equivalent to
3more than $500.
AB310, s. 20
4Section
20. 108.065 (1) of the statutes is renumbered 108.065 (2) (a) 1.
AB310, s. 21
5Section
21. 108.065 (1e) of the statutes is created to read:
AB310,11,96
108.065
(1e) Except as provided in subs. (2) and (3), if there is more than one
7employing unit that has a relationship to an employee, the department shall
8determine which of the employing units is the employer of the employee by
9considering the following:
AB310,11,1010
(a) An employing unit's right by contract and in fact to:
AB310,11,1211
1. Determine a prospective employee's qualifications to perform the services in
12question and to hire or discharge the employee.
AB310,11,1413
2. Determine the details of the employee's pay including the amount of, method
14of, and frequency of changes in that pay.
AB310,11,1615
3. Train the employee and exercise direction and control over the performance
16of services by the employee and when and how they are to be performed.
AB310,11,1817
4. Impose discipline upon the employee for rule or policy infractions or
18unsatisfactory performance.
AB310,11,1919
5. Remove the employee from one job or assign the employee to a different job.
AB310,11,2020
6. Require oral or written reports from the employee.
AB310,11,2121
7. Evaluate the quantity and quality of the services provided by the employee.
AB310,11,2322
8. Assign a substitute employee to perform the services of an employee if the
23employee is unavailable for work or is terminated from work.
AB310,11,2524
9. Assign alternative work to the employee if the employee is removed from a
25particular job.
AB310,12,1
1(b) Which employing unit:
AB310,12,22
1. Benefits directly or indirectly from the services performed by the employee.
AB310,12,43
2. Maintains a pool of workers who are available to perform the services in
4question.
AB310,12,65
3. Is responsible for employee compliance with applicable regulatory laws and
6for enforcement of such compliance.
AB310, s. 22
7Section
22. 108.065 (1m) and (2) of the statutes are renumbered 108.065 (2)
8(b) and (c).
AB310, s. 23
9Section
23. 108.065 (3) of the statutes is created to read:
AB310,12,1710
108.065
(3) A provider of home health care and personal care services for
11medical assistance recipients under ch. 49 may elect to be the employer of one or more
12employees providing those services. As a condition of eligibility for election to be the
13employer of one or more employees providing those services, the provider shall notify
14in writing the recipient of any such services of its election, for purposes of the
15unemployment insurance law, to be the employer of any worker providing such
16services to the recipient, and must be treated as the employer by the federal internal
17revenue service for purposes of federal unemployment taxes on the worker's services.
AB310, s. 24
18Section
24. 108.09 (2) (b) of the statutes is amended to read:
AB310,12,2219
108.09
(2) (b) The department shall issue determinations whenever necessary
20to resolve any matters
which that may bar, suspend, terminate or otherwise affect
21the employee's eligibility for benefits
or to resolve any liability for penalties under
22s. 108.04 (11) (bh).
AB310, s. 25
23Section
25. 108.09 (3) (a) 1. of the statutes is amended to read:
AB310,13,224
108.09
(3) (a) 1. To hear and decide disputed claims
or to resolve liabilities
25under sub. (2) (b), the department shall establish appeal tribunals. Except as
1authorized in this paragraph, each tribunal shall consist of an individual who is a
2permanent employee of the department.
AB310, s. 27
5Section
27. 108.09 (8) (b) of the statutes is amended to read:
AB310,13,136
108.09
(8) (b) Any party in a dispute concerning benefit eligibility or liability
7for overpayment of benefits
or a penalty imposed under s. 108.04 (11) (bh), or in any
8administrative proceeding under this chapter concerning such a dispute, may be
9represented by counsel or another agent; but no such counsel or agent may together
10charge or receive from an employee for all such representation in connection with
11such a dispute a fee which, in the aggregate, exceeds 10% of the maximum benefits
12at issue unless the department has first approved a specified higher fee. This
13paragraph does not apply to any fee charged for representation before a court of law.
AB310, s. 28
14Section
28. 108.16 (6) (f) of the statutes is amended to read:
AB310,13,1615
108.16
(6) (f) Any amount available for such crediting under s.
108.04 (11) (be), 16108.14 (8n) (e) or 108.141.
AB310, s. 29
17Section
29. 108.16 (6) (L) of the statutes is amended to read:
AB310,13,2218
108.16
(6) (L) The amount of any overpayments that are recovered by the
19department by setoff pursuant to s. 71.93 or the amount of any overpayments
20resulting from fraud
or failure to report earnings that are recovered by the
21department by offset pursuant to section 6402 (f) of the federal Internal Revenue
22Code in effect on June 1, 2009
, or a similar federal program.
AB310, s. 30
23Section
30. 108.16 (6) (m) of the statutes is amended to read:
AB310,14,324
108.16
(6) (m) Any amounts
collected from assessments levied under s. 108.19
25(1m) exceeding the amounts needed to pay interest due on advances from the federal
1unemployment account under title XII of the Social Security Act (42 USC 1321 to
21324) transferred to the balancing account from the unemployment interest
3payment fund.
AB310, s. 31
4Section
31. 108.16 (6m) (g) of the statutes is amended to read:
AB310,14,75
108.16
(6m) (g) Any payments of fees or expenses assessed by the U.S.
6secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code
7in effect on June 1, 2009
, or a similar federal program.
AB310, s. 32
8Section
32. 108.16 (8) (h) of the statutes is amended to read:
AB310,14,189
108.16
(8) (h) The department shall
determine or redetermine the contribution
10rate
for the of a successor
effective that is subject to this chapter immediately prior
11to the effective date of a transfer as of the
applicable computation date effective for
12contributions payable beginning
of in the first
quarter calendar year following the
13date of the transfer of the business. The department shall thereafter redetermine
14the contribution rate whenever required by s. 108.18. For the purposes of s. 108.18,
15the department shall determine the experience under this chapter of the successor's
16account by allocating to the successor's account for each period in question the
17respective proportions of the transferor's payroll and benefits which the department
18determines to be properly assignable to the business transferred.
AB310, s. 33
19Section
33. 108.16 (10) of the statutes is amended to read:
AB310,15,320
108.16
(10) All money withdrawn from the fund shall be used solely in the
21payment of benefits, exclusive of expenses of administration, and for refunds of sums
22erroneously paid into the fund, for refund of a positive net balance in an employer's
23reimbursement account under ss. 108.15 (4) and 108.151 (5) on request by the
24employer, for expenditures made pursuant to s. 108.161 and consistently with the
25federal limitations applicable to s. 108.161, and for payment of fees and expenses for
1collection of overpayments resulting from fraud
or failure to report earnings that are
2assessed by the U.S. secretary of the treasury under section 6402 (f) of the federal
3Internal Revenue Code in effect on June 1, 2009
, or a similar federal program.
AB310, s. 34
4Section
34. 108.19 (title) of the statutes is amended to read:
AB310,15,6
5108.19 (title)
Contributions to the administrative account and the
6unemployment interest payment fund.
AB310, s. 35
7Section
35. 108.19 (1m) of the statutes is amended to read:
AB310,16,28
108.19
(1m) Each employer subject to this chapter as of the date a rate is
9established under this subsection shall pay an assessment to the
administrative
10account unemployment interest payment fund at a rate established by the
11department sufficient to pay interest due on advances from the federal
12unemployment account under title XII of the social security act (
42 USC 1321 to
131324). The rate established by the department for employers who finance benefits
14under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75% of the rate established
15for other employers. The amount of any employer's assessment shall be the product
16of the rate established for that employer multiplied by the employer's payroll of the
17previous calendar year as taken from quarterly employment and wage reports filed
18by the employer under s. 108.205 (1) or, in the absence of the filing of such reports,
19estimates made by the department. Each assessment made under this subsection
20is due on the 30th day commencing after the date on which notice of the assessment
21is mailed by the department. If the amounts collected under this subsection are in
22excess of the amounts needed to pay interest due, the
department shall use any 23excess
shall be credited to pay interest owed in subsequent years on advances from
24the federal unemployment account. If the department determines that additional
1interest obligations are unlikely, the department shall transfer the excess to the
2balancing account
of the fund.
AB310, s. 36
3Section
36. 108.19 (1q) of the statutes is created to read:
AB310,16,64
108.19
(1q) There is created a separate, nonlapsible trust fund designated as
5the unemployment interest payment fund consisting of all amounts collected under
6sub. (1m) and all interest and penalties on those amounts collected under s. 108.22.
AB310, s. 37
7Section
37. 108.19 (1s) of the statutes is created to read:
AB310,16,108
108.19
(1s) (a) There is created a separate, nonlapsible trust fund designated
9as the unemployment program integrity fund consisting of all amounts collected
10under s. 108.04 (11) (bh).
AB310,16,1211
(b) The department shall use the moneys in the unemployment program
12integrity fund for payment of costs associated with program integrity activities.
AB310, s. 38
13Section
38. 108.22 (1m) of the statutes is amended to read: