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:
108.155 (4) (intro.) The department shall bill
assessments an assessment under this section to a reimbursable employer at its, by electronically delivering the assessment to the employer or mailing the assessment to the employer's last known address, in the month of September of each year, and the assessment shall be due to the department within 20 days after the date such bill is mailed by the date the department issues the assessment. Any assessment that remains unpaid after its applicable due date is a delinquent payment. If a reimbursable employer is delinquent in paying an assessment under this section, in addition to pursuing action under the provisions of ss. 108.22 and 108.225, the department may do any of the following:
157,42
Section
42. 108.16 (2) (e) of the statutes is amended to read:
108.16 (2) (e) Except as provided in par. (em), benefits to shall be charged against a given employer's account shall be so charged as of the date shown by the check that the department issues the payment covering such benefits. Each such check benefit payment shall be promptly mailed issued and shall, in determining the experience or status of such the account for contribution purposes, be deemed paid on the date shown on the check the payment is issued.
157,43
Section
43. 108.16 (2) (em) of the statutes is amended to read:
108.16 (2) (em) Benefits improperly charged or credited to an employer's account for any reason other than adjustment of payroll amounts between 2 or more employers' accounts shall, when so identified, be credited to or debited from that employer's account and, where appropriate, recharged to the correct employer's account as of the date of correction. Benefits improperly charged or credited to an employer's account as a result of adjustment of payroll amounts between 2 or more employers' accounts shall be so charged or credited and, where appropriate, recharged as of the date shown by the check covering such benefits on which the department issues the benefit payment. This paragraph shall be used solely in determining the experience or status of accounts for contribution purposes.
157,44
Section
44. 108.16 (6) (p) of the statutes is created to read:
108.16
(6) (p) Any amount transferred from the federal employment security administration account under
42 USC 1101 (d) (1) (B).
157,45
Section
45. 108.19 (1m) of the statutes is amended to read:
108.19
(1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the
federal social security act
(,42 USC 1321 to
1324). The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due
on the 30th day commencing within 30 days after the date
on which notice of the assessment is mailed by the department
issues the assessment. If the amounts collected from employers under this subsection
are in excess of exceed the amounts needed to pay interest due, the department shall use any excess to pay interest owed in subsequent years on advances from the federal unemployment account. If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the balancing account of the fund, the unemployment program integrity fund, or both in amounts determined by the department.
157,46
Section
46. 108.19 (1s) (a) 5. of the statutes is created to read:
108.19 (1s) (a) 5. Amounts transferred from the appropriation account under s. 20.445 (1) (aL).
157,47
Section
47. 108.19 (1s) (a) 6. of the statutes is created to read:
108.19 (1s) (a) 6. Assessments under s. 108.225 (4) (b).
157,48
Section
48. 108.21 (2) of the statutes is amended to read:
108.21 (2) The findings of any such an authorized representative of the department, based on examination of the records of any such employing unit under sub. (1) and embodied in an audit report mailed issued to the employing unit, shall constitute are a determination within the meaning of under s. 108.10.
