AB21,3106
19Section
3106. 106.52 (1) (d) 2. of the statutes is amended to read:
AB21,1212,2020
106.52
(1) (d) 2. A hotel, as defined in s.
254.61 (3) 97.01 (7).
AB21,3107
21Section
3107. 106.52 (1) (d) 3. of the statutes is amended to read:
AB21,1212,2222
106.52
(1) (d) 3. A tourist rooming house, as defined in s.
254.61 (6) 97.01 (15k).
AB21,3108
23Section
3108. 107.30 (10) of the statutes is amended to read:
AB21,1212,2524
107.30
(10) "Mining damage appropriation" means the appropriation under s.
2520.165 (2) 20.142 (4) (a).
AB21,3109
1Section
3109. 107.31 (5) (a) (intro.) of the statutes is amended to read:
AB21,1213,52
107.31
(5) (a)
Calculation. (intro.) The mining damage reserve accumulation
3is calculated by subtracting the total amount of all mining damages awards paid
4from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980
5or paid from the appropriation under s.
20.165 (2)
20.142 (4) (a) from the sum of:
AB21,3110
6Section
3110. 108.02 (24g) of the statutes is created to read:
AB21,1213,87
108.02
(24g) Suitable work. "Suitable work" has the meaning specified by the
8department by rule under s. 108.14 (27).
AB21,3111
9Section
3111. 108.04 (8) (a) of the statutes is amended to read:
AB21,1213,2310
108.04
(8) (a)
If Except as provided in par. (b), if an employee fails, without good
11cause, to accept suitable work when offered, the employee is ineligible to receive
12benefits until the employee earns wages after the week in which the failure occurs
13equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in
14employment or other work covered by the unemployment insurance law of any state
15or the federal government. For purposes of requalification, the employee's weekly
16benefit rate shall be that rate which would have been paid had the failure not
17occurred. This paragraph does not preclude an employee from establishing a benefit
18year during a period in which the employee is ineligible to receive benefits under this
19paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a).
20The department shall charge to the fund's balancing account any benefits otherwise
21chargeable to the account of an employer that is subject to the contribution
22requirements under ss. 108.17 and 108.18 whenever an employee of that employer
23fails, without good cause, to accept suitable work offered by that employer.
AB21,3112
24Section
3112. 108.04 (8) (b) of the statutes is created to read:
AB21,1214,19
1108.04
(8) (b) There is a rebuttable presumption that an employee has failed,
2without good cause, to accept suitable work when offered if the employee declines to
3submit to a test for the presence of controlled substances in a test conducted on the
4employee as preemployment screening or the employee tests positive for one or more
5controlled substances in such a test without evidence of a valid prescription, as
6evidenced by a report submitted to the department by an employing unit in
7accordance with s. 108.133 (4). If the employee declines to submit to such a test, the
8employee shall be ineligible for benefits as if the employee had declined to submit to
9a test under s. 108.133 (3) (a), beginning with the week in which the department
10receives the report. If the employee tests positive in such a test without evidence of
11a valid prescription, the employee shall be ineligible for benefits as if the employee
12had tested positive under s. 108.133 (3) (c), beginning with the week in which the
13department receives the report, except as provided under s. 108.133 (3) (d). The
14department shall promulgate rules specifying how a claimant may overcome the
15presumption in this paragraph. The department shall charge to the fund's balancing
16account any benefits otherwise chargeable to the account of an employer that is
17subject to the contribution requirements under ss. 108.17 and 108.18 whenever an
18employee of that employer fails, without good cause, to accept suitable work offered
19by that employer.
AB21,3113
20Section
3113. 108.04 (11) (bh) of the statutes is amended to read:
AB21,1214,2521
108.04
(11) (bh) In addition to ineligibility for benefits resulting from
22concealment as provided in par. (be), the department shall assess a penalty against
23the claimant in an amount equal to
15 40 percent of the benefit payments erroneously
24paid to the claimant as a result of one or more acts of concealment described in pars.
25(a) and (b).
AB21,3114
1Section
3114. 108.10 (4) of the statutes is amended to read:
AB21,1215,102
108.10
(4) The department or the employing unit may commence action for the
3judicial review of a commission decision under this section, provided the department,
4or the employing unit, after exhausting the remedies provided under this section, has
5commenced such action within 30 days after such decision was mailed to the
6employing unit's last-known address. The scope of judicial review, and the manner
7thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In
8an action commenced by an employing unit under this section, the department shall
9be an adverse party
under s. 102.23 (1) (a) and shall be named as a party in the
10complaint commencing the action.
AB21,3115
11Section
3115. 108.133 of the statutes is created to read:
AB21,1215,13
12108.133 Testing for controlled substances. (1) Definitions. In this
13section:
AB21,1215,1514
(a) Notwithstanding s. 108.02 (9), "controlled substance" has the meaning
15given in
21 USC 802.
AB21,1215,1716
(b) "Job skills assessment" means an assessment conducted by the department
17under sub. (2) (d).
AB21,1215,2018
(c) "Occupation that regularly conducts drug testing" means an occupation
19identified in the regulations issued by the federal secretary of labor under
42 USC
20503 (l) (1) (A) (ii).
AB21,1215,2221
(d) "Screening" means the screening process created by the department under
22sub. (2) (a) 3.
AB21,1215,2423
(e) "Substance abuse treatment program" means the program provided by the
24department under sub. (2) (c).
AB21,1216,3
1(f) "Valid prescription" means a prescription, as defined in s. 450.01 (19), for a
2controlled substance for which the supply of the controlled substance indicated by
3the prescription has not run out.
AB21,1216,7
4(2) Drug testing program. The department shall establish a program to test
5claimants who apply for regular benefits under this chapter for the presence of
6controlled substances in accordance with this section and shall, under the program,
7do all of the following:
AB21,1216,98
(a) Promulgate rules to establish the program. The department shall do all of
9the following in the rules promulgated under this paragraph:
AB21,1216,1210
1. Establish a process to test claimants for the presence of controlled
11substances. In establishing the process, the department shall adhere to any
12applicable federal requirements regarding drug testing.
AB21,1216,1613
2. Identify the parameters for a substance abuse treatment program for
14claimants who misuse controlled substances and specify criteria that a claimant
15must satisfy in order to be considered in full compliance with requirements of the
16substance abuse treatment program.
AB21,1216,1817
3. Create a screening process for determining whether a claimant should be
18required to submit to a test for the presence of controlled substances.
AB21,1216,2119
4. Identify the parameters for a job skills assessment for claimants who misuse
20controlled substances and specify criteria that a claimant must satisfy in order to be
21considered in full compliance with the requirements of the job skills assessment.
AB21,1216,2322
(am) Promulgate rules identifying occupations for which drug testing is
23regularly conducted in this state.
AB21,1216,2524
(b) When a claimant applies for regular benefits under this chapter, do all of
25the following:
AB21,1217,2
11. Determine whether the claimant is an individual for whom suitable work is
2only available in an occupation that regularly conducts drug testing.
AB21,1217,43
2. Determine whether the claimant is an individual for whom suitable work is
4only available in an occupation identified in the rules promulgated under par. (am).
AB21,1217,75
3. If the claimant is determined by the department under subd. 1. to be an
6individual for whom suitable work is only available in an occupation that regularly
7conducts drug testing, conduct a screening on the claimant.
AB21,1217,118
4. If the claimant is determined by the department under subd. 2. to be an
9individual for whom suitable work is only available in an occupation identified in the
10rules promulgated under par. (am), conduct a screening on the claimant if a
11screening is not already required under subd. 3.
AB21,1217,1412
5. If a screening conducted as required under subd. 3. or 4. indicates that the
13claimant should be required to submit to a test for the presence of controlled
14substances, require that the claimant submit to such a test.
AB21,1217,1615
(c) Create and provide a substance abuse treatment program in accordance
16with the rules promulgated under par. (a) 2.
AB21,1217,1817
(d) Create and conduct job skills assessments in accordance with the rules
18promulgated under par. (a) 4.
AB21,1217,23
19(3) Drug testing. (a) If a claimant is required under sub. (2) (b) 5. to submit
20to a test for the presence of controlled substances and the claimant declines to submit
21to such a test, the claimant is ineligible for benefits under this chapter until 52 weeks
22after the date of the declining or until the claimant qualifies for benefits in a
23subsequent benefit year, whichever occurs later.
AB21,1218,524
(b) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
25presence of controlled substances submits to the test and does not test positive for
1any controlled substance or the claimant presents evidence satisfactory to the
2department that the claimant possesses a valid prescription for each controlled
3substance for which the claimant tests positive, the claimant may receive benefits
4under this chapter if otherwise eligible and may not be required to submit to any
5further test for the presence of controlled substances until a subsequent benefit year.
AB21,1218,136
(c) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
7presence of controlled substances submits to the test and tests positive for one or
8more controlled substances without presenting evidence satisfactory to the
9department that the claimant possesses a valid prescription for each controlled
10substance for which the claimant tested positive, the claimant is ineligible for
11benefits under this chapter until 52 weeks after the date of the test or until the
12claimant qualifies for benefits in a subsequent benefit year, whichever occurs later,
13except as provided in par. (d).
AB21,1218,2114
(d) A claimant who tests positive for one or more controlled substances without
15presenting evidence of a valid prescription as described in par. (c) may maintain his
16or her eligibility for benefits under this chapter by enrolling in the substance abuse
17treatment program and undergoing a job skills assessment. Such a claimant
18remains eligible for benefits under this chapter, if otherwise eligible, for each week
19the claimant is in full compliance with any requirements of the substance abuse
20treatment program and job skills assessment, as determined by the department in
21accordance with the rules promulgated under sub. (2) (a) 2. and 4.
AB21,1219,8
22(4) Preemployment drug testing. (a) An employing unit may, in accordance
23with the rules promulgated by the department under par. (b), voluntarily submit to
24the department the results of a test for the presence of controlled substances that was
25conducted on an individual as preemployment screening or notify the department
1that an individual declined to submit to such a test as a condition of employment,
2along with information necessary to identify the individual. Upon receipt of any such
3results of a test conducted and certified in a manner approved by the department or
4notification that an individual declined to submit to such a test, the department shall
5determine whether the individual is a claimant receiving benefits. If the individual
6is a claimant receiving benefits, the department shall, in accordance with rules
7promulgated by the department under par. (b), use that information for purposes of
8determining eligibility for benefits under s. 108.04 (8) (b).
AB21,1219,99
(b) The department shall promulgate rules necessary to implement par. (a).
AB21,1219,15
10(5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and
115., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until
12the rules required under sub. (2) (a) take effect. The department shall submit to the
13legislative reference bureau for publication in the Wisconsin administrative register
14a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3)
15will be implemented.
AB21,1219,2016
(b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until
17the rules required under sub. (2) (am) take effect. The department shall submit to
18the legislative reference bureau for publication in the Wisconsin administrative
19register a notice identifying the date on which sub. (2) (b) 2. and 4. will be
20implemented.
AB21,1219,2521
(c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04
22(8) (b) do not apply until the rules required under sub. (4) (b) take effect. The
23department shall submit to the legislative reference bureau for publication in the
24Wisconsin administrative register a notice identifying the date on which sub. (4) (a)
25and s. 108.04 (8) (b) will be implemented.
AB21,1220,5
1(d) The secretary may waive compliance with any provision under this section
2and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is
3necessary to permit continued certification of this chapter for grants to this state
4under Title III of the federal Social Security Act or for maximum credit allowances
5to employers under the federal Unemployment Tax Act.
AB21,3116
6Section
3116. 108.14 (8n) (e) of the statutes is amended to read:
AB21,1220,207
108.14
(8n) (e) The department shall charge this state's share of any benefits
8paid under this subsection to the account of each employer by which the employee
9claiming benefits was employed in the applicable base period, in proportion to the
10total amount of wages he or she earned from each employer in the base period, except
11that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a)
or (b) or
12108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer who
13is subject to the contribution requirements of ss. 108.17 and 108.18, the department
14shall charge the share of benefits based on employment with that employer to the
15fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied
16to an employer that is not subject to the contribution requirements of ss. 108.17 and
17108.18, the department shall charge the share of benefits based on that employment
18in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the
19fund's balancing account with any other state's share of such benefits pending
20reimbursement by that state.
AB21,3117
21Section
3117. 108.14 (27) of the statutes is created to read:
AB21,1220,2522
108.14
(27) The department shall promulgate a rule to define what constitutes
23suitable work for claimants, which shall specify different levels of suitable work
24based upon the number of weeks that a claimant has received benefits in a given
25benefit year.
AB21,3118
1Section
3118. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:
AB21,1221,32
108.141
(3g) (a) 3. (intro.)
Work
Notwithstanding s. 108.02 (24g), work is
3suitable within the meaning of subd. 2. if:
AB21,3119
4Section
3119. 108.141 (7) (a) of the statutes is amended to read:
AB21,1221,115
108.141
(7) (a) The department shall charge the state's share of each week of
6extended benefits to each employer's account in proportion to the employer's share
7of the total wages of the employee receiving the benefits in the employee's base
8period, except that if the employer is subject to the contribution requirements of ss.
9108.17 and 108.18 the department shall charge the share of extended benefits to
10which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a)
or (b) or
11108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.
AB21,3120
12Section
3120. 108.16 (6m) (a) of the statutes is amended to read:
AB21,1221,1513
108.16
(6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
14(7) (h), (8) (a)
or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.14
15(8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
AB21,3121
16Section
3121
. 108.227 (1) (e) 3. of the statutes is amended to read:
AB21,1221,2217
108.227
(1) (e) 3. A license, certificate of approval, provisional license,
18conditional license, certification, certification card, registration, permit, training
19permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
20(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m),
252.23 (2), 252.24 (2), 21254.176, 254.20 (3),
255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or
22343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
AB21,3122
23Section
3122
. 108.227 (1) (e) 3. of the statutes, as affected by 2015 Wisconsin
24Act .... (this act), is amended to read:
AB21,1222,6
1108.227
(1) (e) 3. A license, certificate of approval, provisional license,
2conditional license, certification, certification card, registration, permit, training
3permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
4(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15
5(5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a
permit license for
6operation of a campground specified in s.
254.47 (1)
97.67 (1).
AB21,3123
7Section
3123. 108.227 (1) (e) 6. of the statutes is amended to read:
AB21,1222,118
108.227
(1) (e) 6. A license or certificate of registration issued
by the
9department of financial institutions, or a division of it, under ss. 138.09, 138.12,
10138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04,
11218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.
AB21,3124
12Section
3124. 108.227 (1) (e) 12. of the statutes is amended to read:
AB21,1222,1513
108.227
(1) (e) 12. A license issued under s.
102.17 (1) (c), 628.04, 628.92 (1),
14632.69 (2), or 633.14, a registration under s. 628.92 (2), or a temporary license issued
15under s. 628.09.
AB21,3125
16Section
3125. 108.227 (1) (f) of the statutes is amended to read:
AB21,1222,2417
108.227
(1) (f) "Licensing department" means the department of
18administration; the department of agriculture, trade and consumer protection; the
19board of commissioners of public lands; the department of children and families; the
20government accountability board; the department of financial institutions
and
21professional standards; the department of health services; the department of natural
22resources; the department of public instruction; the department of revenue;
the
23department of safety and professional services; the office of the commissioner of
24insurance; or the department of transportation.
AB21,3126
25Section
3126. 108.227 (1m) (intro.) of the statutes is amended to read:
AB21,1223,6
1108.227
(1m) General provisions. (intro.) The department shall promulgate
2rules specifying procedures to be used before taking action under sub. (3) (b) or s.
3102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7),
4or 105.13 (4) with respect to a person whose license or credential is to be denied, not
5renewed, discontinued, suspended, or revoked, including rules with respect to all of
6the following:
AB21,3127
7Section
3127. 108.227 (3) (a) 3. of the statutes is amended to read:
AB21,1223,118
108.227
(3) (a) 3. Upon the request of any person whose license or certificate
9has been previously revoked or denied under s.
102.17 (1) (ct), 103.275 (2) (bt), 103.34
10(10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or
11certificate if the applicant is not liable for delinquent contributions.
AB21,3128
12Section
3128. 108.227 (5) (a) of the statutes is amended to read:
AB21,1224,413
108.227
(5) (a) The department of workforce development shall conduct a
14hearing requested by a license holder or applicant for a license or license renewal or
15continuation under sub. (2) (b) 1. b., or as requested under s.
102.17 (1) (ct), 103.275
16(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review
17a certification or determination of contribution delinquency that is the basis of a
18denial, suspension, or revocation of a license or certificate in accordance with this
19section or an action taken under s.
102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
20103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph
21is limited to questions of mistaken identity of the license or certificate holder or
22applicant and of prior payment of the contributions that the department of workforce
23development certified or determined the license or certificate holder or applicant
24owes the department. At a hearing under this paragraph, any statement filed by the
25department of workforce development, the licensing department, or the supreme
1court, if the supreme court agrees, may be admitted into evidence and is prima facie
2evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
3a hearing under this paragraph is not entitled to any other notice, hearing, or review,
4except as provided in sub. (6).
AB21,3129
5Section
3129. 108.227 (5) (b) 1. of the statutes is amended to read:
AB21,1224,146
108.227
(5) (b) 1. Issue a nondelinquency certificate to a license holder or an
7applicant for a license or license renewal or continuation if the department
8determines that the license holder or applicant is not liable for delinquent
9contributions. For a hearing requested in response to an action taken under s.
102.17
10(1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13
11(4), the department shall grant a license or certificate or reinstate a license or
12certificate if the department determines that the applicant for or the holder of the
13license or certificate is not liable for delinquent contributions, unless there are other
14grounds for denying the application or revoking the license or certificate.
AB21,3130
15Section
3130. 108.227 (5) (b) 2. of the statutes is amended to read:
AB21,1224,2416
108.227
(5) (b) 2. Provide notice that the department of workforce development
17has affirmed its certification of contribution delinquency to a license holder; to an
18applicant for a license, a license renewal, or a license continuation; and to the
19licensing department or the supreme court, if the supreme court agrees. For a
20hearing requested in response to an action taken under s.
102.17 (1) (ct), 103.275 (2)
21(bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department
22of workforce development shall provide notice to the license or certificate holder or
23applicant that the department of workforce development has affirmed its
24determination of contribution delinquency.
AB21,3131
1Section
3131. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and
2amended to read:
AB21,1225,93
108.24
(1) (a) Any person who knowingly makes a false statement or
4representation to obtain any benefit payment under this chapter, either for himself
5or herself or for any other person,
shall be fined not less than $100 nor more than
6$500 or imprisoned not more than 90 days, or both; and each such false statement
7or representation constitutes a separate offense. This may be penalized as provided
8in par. (b). Any penalty
imposed under par. (b) is in addition to any penalty imposed
9under s. 108.04 (11) (bh).
AB21,3132
10Section
3132. 108.24 (1) (b) of the statutes is created to read:
AB21,1225,1111
108.24
(1) (b) Whoever violates par. (a):
AB21,1225,1312
1. If the value of any benefits obtained does not exceed $2,500, is subject to a
13fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
AB21,1225,1514
2. If the value of any benefits obtained exceeds $2,500 but does not exceed
15$5,000, is guilty of a Class I felony.
AB21,1225,1716
3. If the value of any benefits obtained exceeds $5,000 but does not exceed
17$10,000, is guilty of a Class H felony.