1997 Wisconsin Act 39

108.065 (1) An employe service company is the employer of an individual who is engaged the company engages in employment performing to perform services for a client or customer of the employe service company if the employe service company is taxed under the federal unemployment tax act (26 USC 3301 to 3311) on the basis of that employment.

39,84 Section 84 . 108.07 (3m) of the statutes is amended to read:

108.07 (3m) If a claimant has base period wages with an employer constituting less than 5% of the claimant's total base period wages, the department shall not charge the benefits to the account of that employer. If benefits are otherwise chargeable to the account of any employer whose share of a claimant's total base period wages is less than 5%, the department shall charge the benefits to the remaining employers with which the claimant has base period wages. The department shall distribute such charges in the same proportion that the claimant's base period wages from such employers bear to the claimant's total base period wages from all such employers. This subsection does not apply to claims for benefits based in whole or in part on employment as federal civilian employes or former military personnel under 5 USC ch. 85, or work covered by the unemployment compensation insurance laws of 2 or more jurisdictions under s. 108.14 (8n).

39,85 Section 85 . 108.07 (5m) of the statutes is amended to read:

108.07 (5m) Whenever benefits are paid to a claimant based in part on employment by a seasonal employer by which the claimant was employed for a period of less than 90 days during the season of the seasonal employer, as determined under s. 108.066 (4), and that season includes any portion of the claimant's base period, and the claimant has been paid or is treated as having been paid base period wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which is subject to the unemployment compensation insurance law of any state or the federal government, the department shall charge to the fund's balancing account the benefits which would otherwise be chargeable to the account of the seasonal employer.

39,86 Section 86 . 108.09 (2) (c) of the statutes is renumbered 108.09 (2) (c) (intro.) and amended to read:

108.09 (2) (c) (intro.) The Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination within one year 2 years of the date of the determination on the basis of subsequent information or to correct a mistake, including an error of law, or at any time if the department finds that fraud or concealment occurred, unless. Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination at any time if the department finds that:

39,87 Section 87 . 108.09 (2) (c) 1. and 2. of the statutes are created to read:

108.09 (2) (c) 1. Fraud or concealment occurred; or

2. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

39,88 Section 88 . 108.09 (2) (cm) of the statutes is created to read:

108.09 (2) (cm) Unless a party has filed a timely request for review of the decision of an appeal tribunal by the commission or has commenced a timely action for the judicial review of the decision of the commission, the department may set aside or amend any appeal tribunal decision adverse to a claimant that has been issued under s. 108.09, 1995 stats., within the 4-year period immediately preceding the effective date of this paragraph .... [revisor inserts date], or may reverse, modify or set aside any decision of the commission adverse to a claimant that has been issued under s. 108.09, 1995 stats., within the 4-year period immediately preceding the effective date of this paragraph .... [revisor inserts date], if the department finds that the benefits paid or payable to the claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

39,89 Section 89 . 108.09 (4) (f) 2. of the statutes is renumbered 108.09 (4) (f) 2. (intro.) and amended to read:

108.09 (4) (f) 2. (intro.) The Unless a party has filed a timely petition for review of the appeal tribunal decision by the commission, the appeal tribunal may set aside or amend an appeal tribunal decision, or portion thereof, at any time to correct a if the appeal tribunal finds that:

a. A technical or clerical mistake unless a party has filed a timely petition for review of the appeal tribunal decision by the commission. has occurred; or

39,90 Section 90 . 108.09 (4) (f) 2. b. of the statutes is created to read:

108.09 (4) (f) 2. b. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the appeal tribunal is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

39,91 Section 91 . 108.09 (4) (f) 3. of the statutes is amended to read:

108.09 (4) (f) 3. Unless a party has filed a timely petition for review of the appeal tribunal decision by the commission, the appeal tribunal may, within one year 2 years after the date of the decision, reopen its decision if it has reason to believe that a party offered false evidence or a witness gave false testimony on an issue material to its decision. Thereafter, and after receiving additional evidence or taking additional testimony, the same or another appeal tribunal may set aside its original decision, make new findings and issue a decision.

39,92 Section 92 . 108.09 (6) (c) of the statutes is amended to read:

108.09 (6) (c) On its own motion, for reasons it deems sufficient, the commission may set aside any final determination of the department or appeal tribunal or commission decision within one year 2 years from the date thereof upon grounds of mistake or newly discovered evidence, and take action under par. (d). The commission may set aside any final determination of the department or any decision of an appeal tribunal or of the commission at any time, and take action under par. (d), if the benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the commission is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

39,93 Section 93 . 108.13 (2) of the statutes is amended to read:

108.13 (2) Liability of claimant. Except as provided in subs. (4) and (5), no claim for benefits awarded, adjudged or paid or any interest in the fund may be taken on account of any liability incurred by the party entitled thereto. This subsection does not apply to liability incurred as the result of an overpayment of unemployment compensation insurance benefits under the law of any state or the federal government.

39,94 Section 94 . 108.13 (4) (a) 4. of the statutes is amended to read:

108.13 (4) (a) 4. “Unemployment compensation insurance" means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

39,95 Section 95 . 108.13 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

108.13 (4) (b) A claimant filing a new claim for unemployment compensation insurance shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation insurance, the department of workforce development shall notify the local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation insurance.

39,96 Section 96 . 108.13 (4) (c) (intro.) of the statutes is amended to read:

108.13 (4) (c) (intro.) The department shall deduct and withhold from any unemployment compensation insurance payable to a claimant who owes child support obligations:

39,97 Section 97 . 108.13 (4) (e) of the statutes is amended to read:

108.13 (4) (e) Any amount deducted and withheld under par. (c) shall, for all purposes, be treated as if it were paid to the claimant as unemployment compensation insurance and paid by the claimant to the state or local child support enforcement agency in satisfaction of his or her child support obligations.

39,98 Section 98 . 108.13 (4) (f) of the statutes is amended to read:

108.13 (4) (f) This subsection applies only if appropriate arrangements are made for the local child support enforcement agency to reimburse the department for administrative costs incurred by the department that are attributable to the interception of unemployment compensation insurance for child support obligations.

39,99 Section 99. 108.135 (1) (intro.) of the statutes is amended to read:

108.135 (1) (intro.) The department shall advise each claimant filing a new claim for unemployment compensation insurance, at the time of filing the claim, that:

39,100 Section 100 . 108.135 (1) (a) of the statutes is amended to read:

108.135 (1) (a) Unemployment compensation insurance is subject to federal and Wisconsin income taxes.

39,101 Section 101 . 108.14 (5) (a) of the statutes is amended to read:

108.14 (5) (a) The council on unemployment compensation insurance shall advise the department in carrying out the purposes of this chapter. The council shall submit its recommendations with respect to amendments of this chapter to each regular session of the legislature, and shall report its views on any pending bill relating to this chapter to the proper legislative committee.

39,102 Section 102 . 108.14 (5) (ag) of the statutes is amended to read:

108.14 (5) (ag) The vote of 7 of the voting members of the council on unemployment compensation insurance is required for the council to act on a matter before it.

39,103 Section 103 . 108.14 (5) (ar) of the statutes is amended to read:

108.14 (5) (ar) The department shall present to the council on unemployment compensation insurance every proposal initiated by the department for changes in this chapter and shall seek the council's concurrence with the proposal. The department shall give careful consideration to every proposal submitted by the council for legislative or administrative action and shall review each legislative proposal for possible incorporation into departmental recommendations.

39,104 Section 104 . 108.14 (6) of the statutes is amended to read:

108.14 (6) It shall be one of the purposes of this chapter to promote the regularization of employment in enterprises, localities, industries and the state. The department, with the advice and aid of any employment councils appointed under sub. (5) (b) and the council on unemployment compensation insurance, shall take all appropriate steps within its means to reduce and prevent unemployment. The department shall also conduct continuing research relating to the current and anticipated condition of the fund to ensure the continued availability of benefits to unemployed individuals under this chapter. To these ends the department may employ experts, and may carry on and publish the results of any investigations and research which it deems relevant, whether or not directly related to the other purposes and specific provisions of this chapter. At least once a year the department shall compile and publish a summary report stating the experience of employer accounts, without naming any employer, and covering such other material as it deems significant in connection with the operations and purposes of this chapter.

39,105 Section 105 . 108.14 (7) (a) of the statutes is amended to read:

108.14 (7) (a) The records made or maintained by the department or commission in connection with the administration of this chapter are confidential and shall be open to public inspection or disclosure only to the extent that the department or commission permits in the interest of the unemployment compensation insurance program. No person may permit inspection or disclosure of any record provided to it by the department or commission unless the department or commission authorizes the inspection or disclosure.

39,106 Section 106 . 108.14 (8) (a) of the statutes is amended to read:

108.14 (8) (a) The department may enter into administrative arrangements with any agency similarly charged with the administration of any other unemployment compensation insurance law, for the purpose of assisting the department and such agencies in paying benefits under the several laws to employes while outside their territorial jurisdictions. Such arrangements may provide that the respective agencies shall, for and on behalf of each other, act as agents in effecting registration for work, notices of unemployment, and any other certifications or statements relating to an employe's claim for benefits, in making investigations, taking depositions, holding hearings, or otherwise securing information relating to coverage or contribution liability or benefit eligibility and payments; and in such other matters as the department may consider suitable in effecting the purpose of these administrative arrangements.

39,107 Section 107 . 108.14 (8m) (a) of the statutes is amended to read:

108.14 (8m) (a) The department may enter into reciprocal arrangements, with any agency administering another unemployment compensation insurance law, whereby all the services performed by an individual for a single employing unit, which services are customarily performed in more than one state or jurisdiction, shall be deemed to be employment covered by the law of a specified state or jurisdiction in which a part of such services are performed, or in which such individual has residence, or in which such employing unit maintains a place of business; provided there is in effect, as to such services, an election by such employing unit, approved by the agency administering the specified law, pursuant to which all the services performed by such individual for such employing unit are deemed to be employment covered by such law.

39,108 Section 108 . 108.14 (8n) (a) of the statutes is amended to read:

108.14 (8n) (a) The department shall enter into a reciprocal arrangement which is approved by the U.S. secretary of labor pursuant to section 3304 (a) (9) (B) of the internal revenue code, to provide more equitable benefit coverage for individuals whose recent work has been covered by the unemployment compensation insurance laws of 2 or more jurisdictions.

39,109 Section 109 . 108.14 (8n) (b) of the statutes is amended to read:

108.14 (8n) (b) Such arrangements may provide, as to any individual whose employment has been covered by this chapter and by the unemployment compensation insurance law of one or more other participating jurisdictions, for transfer by the department to another agency of relevant records or information, and the acceptance and use thereof, in combination with similar data from other jurisdictions, by such other agency, as a basis for computing and paying benefits under the law administered by such other agency. Reciprocally, such arrangements may provide for similar acceptance, combination and use by the department of data received from other jurisdictions to compute and pay benefits under this chapter.

39,110 Section 110 . 108.14 (8s) (a) of the statutes is amended to read:

108.14 (8s) (a) Overpayments of unemployment compensation insurance benefits as determined under this chapter may be recovered by offset from unemployment compensation insurance benefits otherwise payable under the unemployment compensation insurance law of another state, and overpayments of unemployment compensation insurance benefits as determined under the unemployment compensation insurance law of that other state may be recovered by offset from unemployment compensation insurance benefits otherwise payable under this chapter; and

39,111 Section 111 . 108.14 (8s) (b) of the statutes is amended to read:

108.14 (8s) (b) Overpayments of unemployment compensation insurance benefits as determined under applicable federal law, with respect to benefits or allowances for unemployment provided under a federal program administered by this state under an agreement with the U.S. secretary of labor, may be recovered by offset from unemployment compensation insurance benefits otherwise payable under that program, or under the unemployment compensation insurance law of this state or of another state or any such federal unemployment benefit or allowance program administered by the other state under an agreement with the U.S. secretary of labor if the other state has in effect a reciprocal agreement with the U.S. secretary of labor as authorized by 42 USC 503 (g) (2), if the United States agrees, as provided in the reciprocal agreement with this state entered into under 42 USC 503 (g) (2), that overpayments of unemployment compensation insurance benefits as determined under this chapter, and overpayments as determined under the unemployment compensation insurance law of another state which has in effect a reciprocal agreement with the U.S. secretary of labor as authorized by 42 USC 503 (g) (2), may be recovered by offset from benefits or allowances for unemployment otherwise payable under a federal program administered by this state or the other state under an agreement with the U.S. secretary of labor.

39,112 Section 112 . 108.14 (8t) of the statutes is amended to read:

108.14 (8t) If the agency administering another unemployment compensation insurance law has overpaid benefits to an individual located in Wisconsin, and certifies to the department the facts involved and that the individual is liable, under such law, to repay such benefits, and requests the department to recover such overpayment, and agrees to reimburse the department for any court costs incurred by it in such recovery efforts, the department may in its own name, but acting as agent for such other agency, collect such overpayment by civil action, and shall pay the net amount recovered to such other agency.

39,113 Section 113 . 108.14 (9) of the statutes is amended to read:

108.14 (9) The department may make its records relating to the administration of this chapter available to the Railroad Retirement Board, and may furnish the Railroad Retirement Board, at the expense of said board, such copies thereof as said board deems necessary for its purposes. The department may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment compensation insurance law. The department may make arrangements or agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation insurance law, with respect to the establishment, maintenance and use of free employment service facilities, the taking and certifying of claims, the making of investigations, and the supplying of other information or services related to unemployment compensation insurance, but the department may not make or renew any such arrangement or agreement unless it finds that its resulting administrative costs are approximately covered or offset by the facilities, services and payments to be made available thereunder by such federal agency. Any moneys received by the department under this subsection shall be paid into the federal administrative financing account under s. 108.161.

39,114 Section 114 . 108.14 (13) of the statutes is amended to read:

108.14 (13) The department may, with the advice of the council on unemployment compensation insurance, by general rule modify or suspend any provision of this chapter if and to the extent necessary to permit continued certification of this chapter for grants to this state under Title III of the federal social security act and for maximum credit allowances to employers under the federal unemployment tax act.

39,115 Section 115. 108.14 (14) of the statutes is amended to read:

108.14 (14) The department shall fully cooperate with the agencies of other states, and shall make every proper effort within its means, to oppose and prevent any further action which would in its judgment tend to effect complete or substantial federalization of state unemployment compensation insurance funds or state employment security programs.

39,116 Section 116 . 108.14 (18) of the statutes is created to read:

108.14 (18) No later than the end of the month following each quarter in which the department expends moneys derived from assessments levied under s. 108.19 (1e), the department shall submit a report to the council on unemployment insurance describing the use of the moneys expended and the status at the end of the quarter of any project for which moneys were expended.

39,117 Section 117 . 108.141 (1) (b) 3. of the statutes is amended to read:

108.141 (1) (b) 3. Has no right to unemployment benefits or allowances, as the case may be, under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment benefits under the unemployment compensation insurance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law he or she is an exhaustee.

39,118 Section 118 . 108.141 (1) (h) of the statutes is amended to read:

108.141 (1) (h) “State law" means the unemployment compensation insurance law of any state, approved by the U.S. secretary of labor under section 3304 of the internal revenue code.

39,119 Section 119 . 108.141 (3g) (a) 1. of the statutes is amended to read:

108.141 (3g) (a) 1. If an individual a claimant fails to provide sufficient evidence that his or her prospects for obtaining work in his or her customary occupation within a period of time not exceeding 4 weeks, beginning with the first week of eligibility for extended benefits, are good, this paragraph, rather than s. 108.04 (8), applies.

39,120 Section 120 . 108.141 (3g) (a) 2. of the statutes is amended to read:

108.141 (3g) (a) 2. An individual A claimant who, during or after the first week following the week that the department notifies the claimant in writing of the requirements to apply for and accept suitable work, fails either to apply for suitable work when notified by a public employment office or to accept suitable work when offered is ineligible to receive extended benefits beginning with the first week following the week that the department notifies the individual in writing of the requirements to apply for and accept such work for the week in which such a the failure occurs and for the weeks following each week thereafter until the individual claimant has again worked within been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and earned wages for such work equal to at least 4 times his or her extended weekly benefit rate.

39,121 Section 121 . 108.141 (3g) (a) 3. a. of the statutes is amended to read:

108.141 (3g) (a) 3. a. It is any work within the individual's claimant's capabilities;

39,122 Section 122 . 108.141 (3g) (a) 3. b. of the statutes is amended to read:

108.141 (3g) (a) 3. b. The gross average weekly remuneration for the work exceeds the individual's claimant's weekly benefit rate plus any supplemental unemployment benefits, as defined in section 501 (c) (17) (D) of the internal revenue code, then payable to the individual claimant;

39,123 Section 123 . 108.141 (3g) (a) 3. d. of the statutes is amended to read:

108.141 (3g) (a) 3. d. The offer of work to the individual claimant was in writing or the position was listed with a public employment office.

39,124 Section 124 . 108.141 (3g) (c) of the statutes is amended to read:

108.141 (3g) (c) A claimant shall make a systematic and sustained effort to obtain work shall be made and provide tangible evidence thereof provided to the department in each week by a claimant for each week for which the claimant files a claim for extended benefits. If a claimant fails to make the required effort to obtain work or to provide tangible evidence thereof, on a weekly basis, he or she is ineligible for to receive extended benefits for the week in which the failure occurs and for each week thereafter until he or she has again worked within been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and has earned wages for such work equal to at least 4 times his or her weekly extended benefit rate.

39,125 Section 125 . 108.141 (3g) (d) of the statutes is amended to read:

108.141 (3g) (d) Notwithstanding s. 108.04 (6) and (7), an individual a claimant who was disqualified from receipt of benefits because of voluntarily terminating employment or incurring a disciplinary suspension for misconduct or other good cause is ineligible to receive extended benefits unless the individual has, since the date of that disqualification, for the week in which the termination occurs or the suspension begins and for each week thereafter until he or she has again been employed during at least 4 subsequent weeks in employment or other work covered by the unemployment insurance law of any state or the federal government and earned wages for such work equal to at least 4 times his or her weekly extended benefit rate.

39,126 Section 126 . 108.141 (3g) (e) of the statutes is amended to read:

108.141 (3g) (e) Extended benefits shall not be denied under par. (a) 2. to an individual a claimant for any week if the failure would not result in a denial of benefits under the law of the state governing eligibility for such benefits to the extent that the law is not inconsistent with this subsection.