2017 Wisconsin Act 157

157,8 Section 8. 108.04 (2) (g) 2. of the statutes is amended to read:

108.04 (2) (g) 2. If a claimant's security credentials are used in the filing of an initial or continued claim for benefits or any other transaction, the individual using the security credentials is presumed to have been the claimant or the claimant's authorized agent. This presumption may be rebutted by a preponderance of evidence showing that the claimant who created the security credentials or the claimant's authorized agent was not the person who used the credentials in a given transaction. If a claimant uses an agent to engage in any transaction with the department using the claimant's security credentials, the claimant is responsible for the actions of the agent. If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, and the department pays benefits to an unauthorized person because of the claimant's action or inaction, the department may recover from the claimant the benefits that were paid to the unauthorized person in the same manner as provided for overpayments to claimants under s. 108.22 (8) or under s. 108.245. If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, the department is not obligated to pursue recovery of, or to reimburse the claimant for, benefits payable to the claimant that were erroneously paid to another person.

157,9 Section 9. 108.04 (7) (e) of the statutes is amended to read:

108.04 (7) (e) Paragraph (a) does not apply if the department determines that the employee accepted work which that the employee could have failed to accept under sub. (8) and terminated such the work on the same grounds and within the first 30 calendar days after starting the work, or that the employee accepted work which that the employee could have refused under sub. (9) and terminated such the work within the first 30 calendar days after starting the work. For purposes of this paragraph, an employee has the same grounds for voluntarily terminating work if the employee could have failed to accept the work under sub. (8) (d) to (em) when it was offered, regardless of the reason articulated by the employee for the termination.

157,10 Section 10. 108.04 (8) (b) of the statutes is amended to read:

108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the department determines, based on a report submitted by an employing unit in accordance with s. 108.133 (4), that the employing unit required, as a condition of an offer of employment, that the employee submit to a test for the presence unlawful use of controlled substances and withdrew the conditional offer after the employee either declined to submit to such a test or tested positive for one or more controlled substances without evidence of a valid prescription for each controlled substance for which the employee tested positive. In the case of the employee declining to submit to such a test, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph. In the case of the employee testing positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph, except that the employee may maintain his or her eligibility for benefits in the same manner as is provided in s. 108.133 (3) (d). The department shall promulgate rules identifying a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an employee who becomes ineligible for benefits as provided in this paragraph to again qualify for benefits and specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work as described in this paragraph.

157,11 Section 11. 108.04 (13) (c) of the statutes is amended to read:

108.04 (13) (c) If an employer, after notice of a benefit claim, fails to file an objection to the claim under s. 108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the claimant, be promptly paid. Except as otherwise provided in this paragraph, any eligibility question in objection to the claim raised by the employer after benefit payments to the claimant are commenced does not affect benefits paid prior to before the end of the week in which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of the employer. Except as otherwise provided in this paragraph, if an employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, benefits paid prior to before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, prior to before the end of the week in which an appeal tribunal decision is issued regarding the matter, are not affected by the redetermination or decision, unless the benefits are erroneously paid without fault on the part of the employer as provided in par. (f). If benefits are erroneously paid because the employer and the employee are at fault, the department shall charge the employer for the benefits and proceed to create an overpayment under s. 108.22 (8) (a). If benefits are erroneously paid without fault on the part of the employer, regardless of whether the employee is at fault, the department shall charge the benefits as provided in par. (d), unless par. (e) applies, and proceed to create an overpayment under s. 108.22 (8) (a). If benefits are erroneously paid because an employer is at fault and the department recovers the benefits erroneously paid under s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.

157,12 Section 12. 108.04 (13) (e) of the statutes is amended to read:

108.04 (13) (e) If the department erroneously pays benefits from one employer's account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer's account and charge the benefits paid to the 2nd employer's account. Filing of a tardy or corrected report or objection does not affect the 2nd employer's liability for benefits paid prior to before the end of the week in which the department makes a recomputation of the benefits allowable or prior to before the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer. If the 2nd employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, the department shall charge to the account of the 2nd employer the cost of benefits paid prior to before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, prior to before the end of the week in which an appeal tribunal decision is issued regarding the matter, unless the benefits erroneously are paid without fault on the part of the employer as provided in par. (f). If the department recovers the benefits erroneously paid under s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.

157,13 Section 13. 108.04 (16) (a) 4. of the statutes is amended to read:

108.04 (16) (a) 4. A plan for training approved under the federal workforce investment act Workforce Innovation and Opportunity Act, 29 USC 2822 3101 to 3361, or another federal law that enhances job skills.

157,14 Section 14. 108.04 (17) (e) of the statutes is amended to read:

108.04 (17) (e) A school year employee of a government unit, Indian tribe, or nonprofit organization which that provides services to or on behalf of any educational institution who performs services other than in an instructional, research, or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the first such year or term and there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such year or term.

157,15 Section 15. 108.05 (3) (d) of the statutes is amended to read:

108.05 (3) (d) A claimant is ineligible to receive benefits for any week in which the claimant conceals holiday pay, vacation pay, termination pay, or sick pay as provided in s. 108.04 (11) (a) or wages or hours worked as provided in s. 108.04 (11) (b).

157,16 Section 16. 108.05 (10) (b) of the statutes is amended to read:

108.05 (10) (b) Second, to recover overpayments under s. 108.22 (8) (b) 1.

157,17 Section 17. 108.062 (2) (m) of the statutes is amended to read:

108.062 (2) (m) Indicate whether the plan will include includes employer-sponsored training to enhance job skills sponsored by the employer and acknowledge that, pursuant to federal law, the employees in the work unit may participate in training funded under the federal Workforce Investment Act of 1998 Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job skills without affecting availability for work, subject to the department approval of the department.

157,18 Section 18. 108.062 (6) (a) of the statutes is amended to read:

108.062 (6) (a) Except as provided in par. (b), an employee who is included under a work-share program and who qualifies to receive regular benefits for any week during the effective period of the program shall receive a benefit payment for each week that the employee is included under the program in an amount equal to the employee's regular benefit amount under s. 108.05 (1) multiplied by the employee's proportionate reduction in hours worked for that week as a result of the work-share program. Such an employee shall receive benefits as calculated under this paragraph and not as provided under s. 108.05 (3). For purposes of this paragraph, the department shall treat holiday pay, vacation pay, termination pay, and sick pay paid by the employer that sponsors the plan as hours worked. In applying this paragraph, the department shall disregard discrepancies of less than 15 minutes between hours reported by employees and employers.

157,19 Section 19. 108.062 (10) of the statutes is amended to read:

108.062 (10) Availability for work. An employee who is receiving receives benefits under sub. (6) (a) for any week need not be available for work in that week other than for the normal hours of work that the employee worked for the employer that creates the work-share program immediately before the week in which the work-share program began and any additional hours in which the employee is engaged in training to enhance job skills sponsored by the employer that creates the plan or department-approved training funded under the federal Workforce Investment Act of 1998 that is approved by the department Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job skills. Unless an employee receives holiday pay, vacation pay, termination pay, or sick pay for missed work available under a work-share program, the department shall treat the missed work that an employee would have worked in a given week as hours actually worked by the employee for the purpose of calculating benefits under sub. (6).

157,20 Section 20. 108.09 (4) (d) 2. of the statutes is amended to read:

108.09 (4) (d) 2. If the appellant submits to the appeal tribunal a written explanation for failing to appear at the hearing that is received before a decision is electronically delivered or mailed under subd. 1., an appeal tribunal shall review the appellant's explanation. The appeal tribunal shall electronically deliver or mail to the respondent a copy of the appellant's explanation. The respondent may, within 7 days after the appeal tribunal electronically delivers or mails the appellant's explanation to the respondent, submit to the appeal tribunal a written response to the appellant's explanation. If the appeal tribunal finds that the appellant's explanation does not establish good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding and such dismissing the appeal. Such a decision may be issued without a hearing. If the appeal tribunal finds that the appellant's explanation establishes good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding, and such a decision may be issued without a hearing. The same or another appeal tribunal established by the department for this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing concerning any matter in the determination. If such a hearing is held concerning any matter in the determination, the appeal tribunal shall only consider testimony and other evidence admitted at that hearing in making a decision.

157,21 Section 21. 108.09 (4) (e) 2. of the statutes is amended to read:

108.09 (4) (e) 2. If the respondent submits to the appeal tribunal a written explanation for failing to appear at the hearing that is received before a decision favorable to the respondent is electronically delivered or mailed under subd. 1., the appeal tribunal shall acknowledge receipt of the explanation in its decision but shall take no further action concerning the explanation at that time. If the respondent submits to the appeal tribunal a written explanation for failing to appear that is received before a decision unfavorable to the respondent is electronically delivered or mailed under subd. 1., an appeal tribunal shall review the respondent's explanation. The appeal tribunal shall electronically deliver or mail to the appellant a copy of the respondent's explanation. The appellant may, within 7 days after the appeal tribunal electronically delivers or mails the respondent's explanation to the appellant, submit to the appeal tribunal a written response to the respondent's explanation. If the appeal tribunal finds that the respondent's explanation does not establish good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding, and such a decision may be issued without a hearing. The same or another appeal tribunal established by the department for this purpose shall also issue a decision based on the testimony and other evidence presented at the hearing at which the respondent failed to appear. If the appeal tribunal finds that the respondent's explanation establishes good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding, and such a decision may be issued without a hearing. The same or another appeal tribunal established by the department for this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing concerning any matter in the determination. If such a hearing is held concerning any matter in the determination, the appeal tribunal shall only consider testimony and other evidence admitted at that hearing in making a decision.

157,22 Section 22. 108.09 (9) (c) of the statutes is amended to read:

108.09 (9) (c) If any determination or decision awarding benefits is finally amended, modified, or reversed, any benefits paid to the claimant which that would not have been paid under such the final determination or decision shall be deemed an erroneous payment. Sections 108.04 (13) (c) and (d), 108.16 (3), and 108.22 (8) shall apply to the charging and recovery of such the erroneous payment.

157,23 Section 23. 108.095 (8) of the statutes is amended to read:

108.095 (8) The mailing issuance of determinations and decisions under this section shall be first by electronic delivery or 1st class mail and may include the use of services performed by the U.S. postal service requiring the payment of extra fees.

157,24 Section 24. 108.10 (1) of the statutes is amended to read:

108.10 (1) The department shall investigate the status, and the existence and extent of liability of an employing unit, and may issue an initial determination accordingly. The department may set aside or amend the determination at any time prior to before a hearing on the determination on the basis of subsequent information or to correct a mistake, including an error of law. The department shall electronically deliver a copy of each determination to, or mail a copy of each determination to the last-known address of, the employing unit affected thereby. The employing unit may request a hearing as to any matter in that determination if the request is received by the department or postmarked within 21 days after the mailing department issues the initial determination and in accordance with such procedure as procedures prescribed by the department prescribes by rule.

157,25 Section 25. 108.10 (5) of the statutes is amended to read:

108.10 (5) The mailing issuance of determinations and decisions provided in subs. (1) to (4) shall be first by electronic delivery or 1st class, mail and may include the use of services performed by the U.S. postal department service requiring the payment of extra fees.

157,26 Section 26. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (ar).

157,27 Section 27. 108.133 (1) (ag) of the statutes is created to read:

108.133 (1) (ag) “Applicant” means an individual who files an initial claim in order to establish a benefit year under this chapter.

157,28 Section 28. 108.133 (2) (intro.) of the statutes is amended to read:

108.133 (2) Drug testing program. (intro.) The department shall establish a program to test claimants who apply for regular benefits under this chapter applicants for the presence unlawful use of controlled substances in accordance with this section and shall, under the program, do all of the following:

157,29 Section 29. 108.133 (2) (a) 1. of the statutes is amended to read:

108.133 (2) (a) 1. Identify a process for testing claimants applicants for the presence unlawful use of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing. The department shall pay the reasonable costs of controlled substances testing.

157,30 Section 30. 108.133 (2) (a) 2. of the statutes is amended to read:

108.133 (2) (a) 2. Identify the parameters for a substance abuse treatment program for claimants applicants who engage in the unlawful use of controlled substances and specify criteria that a claimant an applicant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program. If the rules require that a claimant an applicant enrolled in the substance abuse treatment program submit to additional tests for the presence unlawful use of controlled substances following the initial test conducted under sub. (3) (c), the rules shall allow the claimant applicant to have at least one more positive test result following the initial test without, on that basis, being considered not to be in full compliance with the requirements of the substance abuse treatment program.

157,31 Section 31. 108.133 (2) (a) 3. of the statutes is amended to read:

108.133 (2) (a) 3. Create a screening process for determining whether there is a reasonable suspicion that a claimant an applicant has engaged in the unlawful use of controlled substances.

157,32 Section 32. 108.133 (2) (a) 4. of the statutes is amended to read:

108.133 (2) (a) 4. Identify the parameters for a job skills assessment for claimants applicants who engage in the unlawful use of controlled substances and specify criteria that a claimant an applicant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.

157,33 Section 33. 108.133 (2) (a) 5. of the statutes is amended to read:

108.133 (2) (a) 5. Identify a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for a claimant an applicant to again qualify for benefits after becoming ineligible for benefits under sub. (3) (a) or (c).

157,34 Section 34. 108.133 (2) (b) of the statutes is amended to read:

108.133 (2) (b) When a claimant an applicant applies for regular benefits under this chapter, do all of the following:

1. Determine whether the claimant applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.

2. Determine whether the claimant applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), unless the department has already determined that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing under subd. 1.

3. If the claimant is determined by the department determines under subd. 1. to be that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the claimant applicant.

4. If the claimant is determined by the department determines under subd. 2. to be that the applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), conduct a screening on the claimant if a screening is not already required under subd. 3. applicant.

5. If a screening conducted as required under subd. 3. or 4. indicates a reasonable suspicion that the claimant applicant has engaged in the unlawful use of controlled substances, require that the claimant applicant submit to a test for the presence unlawful use of controlled substances.

157,35 Section 35. 108.133 (3) (a) to (e) of the statutes are amended to read:

108.133 (3) (a) If a claimant an applicant is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use of controlled substances and the claimant applicant declines to submit to such a test, the claimant applicant is ineligible for benefits under this chapter until the claimant applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5.

(b) If a claimant an applicant who is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use of controlled substances submits to the test and does not test positive for any controlled substance or the claimant applicant presents evidence satisfactory to the department that the claimant applicant possesses a valid prescription for each controlled substance for which the claimant applicant tests positive, the claimant applicant may receive benefits under this chapter if otherwise eligible and may not be required to submit to any further test for the presence unlawful use of controlled substances until a subsequent benefit year.

(c) If a claimant an applicant who is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use of controlled substances submits to the test and tests positive for one or more controlled substances without presenting evidence satisfactory to the department that the claimant applicant possesses a valid prescription for each controlled substance for which the claimant applicant tested positive, the claimant applicant is ineligible for benefits under this chapter until the claimant applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5., except as provided in par. (d).

(d) A claimant An applicant who tests positive for one or more controlled substances without presenting evidence of a valid prescription as described in par. (c) may maintain his or her eligibility for benefits under this chapter by enrolling in the substance abuse treatment program and undergoing a job skills assessment. Such a claimant an applicant remains eligible for benefits under this chapter, if otherwise eligible, for each week the claimant is in full compliance applicant fully complies with any requirements of the substance abuse treatment program and job skills assessment, as determined by the department in accordance with the rules promulgated under sub. (2) (a) 2. and 4.

(e) All information relating to a claimant's an individual's declining to take a test for the unlawful use of controlled substances, testing positive for the unlawful use of controlled substances, prescription medications, medical records, and enrollment and participation in the substance abuse treatment program under this chapter shall, subject to and in accordance with any rules promulgated by the department, be confidential and not subject to the right of inspection or copying under s. 19.35 (1).

157,36 Section 36. 108.133 (4) (a) of the statutes is amended to read:

108.133 (4) (a) An employing unit may, in accordance with the rules promulgated by the department under par. (b), voluntarily submit to the department the results of a test for the presence unlawful use of controlled substances that was conducted on an individual as a condition of an offer of employment or notify the department that an individual declined to submit to such a test, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par. (b), use that information for purposes of determining eligibility for benefits under s. 108.04 (8) (b).

157,37 Section 37. 108.133 (4) (c) of the statutes is created to read:

108.133 (4) (c) Any employing unit that, in good faith, submits the results of a positive test or notifies the department that an individual declined to submit to a test under par. (a) is immune from civil liability for its acts or omissions with respect to the submission of the positive test results or the notification that the individual declined to submit to the test.

157,38 Section 38. 108.15 (3) (a) of the statutes is amended to read:

108.15 (3) (a) It The government unit shall file a written notice to that effect of election with the department before the beginning of such that year except that if the government unit became newly subject to this chapter as of the beginning of such year, it shall file the notice or within 30 days after the date of mailing to it a written notification by the department that it issues a determination that the government unit is subject to this chapter. Such, whichever is later. An election under this subsection shall remain in effect for not less than 3 calendar years.

157,39 Section 39. 108.15 (5) (b) of the statutes is amended to read:

108.15 (5) (b) The department shall monthly bill each government unit for any reimbursements required under this section, and any reimbursement thus billed shall be due and shall be paid by such government unit within 20 days after the date such bill is mailed to it by the department, which shall be due within 20 days after the date the department issues the bill.

157,40 Section 40. 108.151 (5) (f) of the statutes is amended to read:

108.151 (5) (f) Whenever an employer's reimbursement account has a negative balance as of the close of any calendar month, the fund's treasurer shall promptly bill such electronically deliver to the employer, at its or mail to the employer's last-known address, a bill for that portion of its negative balance which has resulted from the net benefits charged to such the account within such that month. Reimbursement payment shall be due within 20 days thereafter after the date the department issues the bill. Any required payment which that remains unpaid after its applicable due date is a delinquent payment. Section 108.22 shall apply for collecting delinquent payments.

157,41 Section 41. 108.155 (4) (intro.) of the statutes is amended to read: