197,57
Section
57. 108.22 (8) (b) of the statutes is amended to read:
108.22 (8) (b) To recover any overpayment which is not otherwise repaid or recovery of which has not been waived, or any assessment under s. 108.04 (11) (cm), the department may offset recoup the amount of the overpayment against from benefits the individual would otherwise be eligible to receive, or file a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers, or both, but only to the extent of recovering the actual amount of the overpayment and any costs and disbursements, without interest.
197,58
Section
58. 108.225 (1) (b) of the statutes is amended to read:
108.225 (1) (b) "Debt" means a delinquent contribution or repayment of a benefit overpayment, an assessment under s. 108.04 (11) (cm), or any liability of a 3rd party for failure to surrender to the department property or rights to property subject to levy after proceedings under sub. (4) (b) and s. 108.10 to determine that liability.
197,59
Section
59. 108.225 (15) of the statutes is amended to read:
108.225 (15) Duration of levy. A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, or until the levy is released or until one year from the date of service, whichever occurs first.
197,60
Section
60. 108.225 (16) (intro.) of the statutes is renumbered 108.225 (16) (a) (intro.) and amended to read:
108.225 (16) (a) (intro.) In the case of benefit overpayments and forfeitures imposed upon an employing unit under s. 108.04 (11) (c), an individual debtor is entitled to an exemption from levy of the greater of the following:
197,61
Section
61. 108.225 (16) (a) of the statutes is renumbered 108.225 (16) (a) 1. and amended to read:
108.225 (16) (a) 1. A subsistence allowance of 75% of the debtor's disposable earnings then due and owing;
197,62
Section
62. 108.225 (16) (am) of the statutes is created to read:
108.225 (16) (am) 1. In the case of benefit overpayments, an individual debtor is entitled to an exemption from levy of 80% of the debtor's disposable earnings, except that:
a. A debtor's disposable earnings are totally exempt from levy if the debtor's wages are below the federal income guideline established under
42 USC 9902 (2) for a household of the debtor's size or the levy would cause that result.
b. Upon petition by a debtor demonstrating hardship, the department may increase the portion of the debtor's disposable earnings that are exempt from levy.
c. The department may decrease or eliminate the exemption from levy under this paragraph if a final determination has been issued under s. 108.09 or a judgment has been entered under s. 108.24 (1) in which the debtor has been found guilty of making a false statement or representation to obtain benefits and the benefits and any assessment under s. 108.04 (11) (cm) have not been paid or reimbursed at the time that the levy is issued, unless the fund's treasurer has written off the debt under s. 108.16 (3) (a).
2. The department shall by rule prescribe a methodology for application of the exemption applicable to a levy under subd. 1. a. at the time that the levy is issued.
197,63
Section
63. 108.225 (16) (b) of the statutes is renumbered 108.225 (16) (a) 2.
197,64
Section
64. 108.225 (16) (c) of the statutes is renumbered 108.225 (16) (a) 3. and amended to read:
108.225 (16) (a) 3. In the case of earnings for a period other than a week, a subsistence allowance computed so that it is equivalent to that provided in par. (b)
subd. 2. using a multiple of the federal minimum hourly wage prescribed by rule of the department.
197,66
Section
66.
Nonstatutory provisions.
(1) Payment of outstanding bank service charges. Notwithstanding the treatment of sections 20.445 (1) (n) and (ne), 108.16 (12) and 108.161 (4) (c) of the statutes by this act, the treasurer of the unemployment reserve fund may transfer moneys from the appropriation account under section 20.445 (1) (n) of the statutes, as affected by this act, to the appropriation account under section 20.445 (1) (ne) of the statutes, as created by this act, and may thereafter pay any banking service costs incurred by the fund that are outstanding on the effective date of this subsection from the appropriation under section 20.445 (1) (ne) of the statutes, as created by this act, if the treasurer determines that the fund would realize higher net earnings by taking such action.
(2) Notice of levy for year 2004.
(a) In this subsection, "employer" has the meaning given in section 108.02 (13) of the statutes.
(b) Notwithstanding section 108.19 (1e) (b) of the statutes, the department of workforce development may, no later than the 60th day commencing after the effective date of this subsection, publish a notice under that paragraph of an assessment to be levied against employers under section 108.19 (1e) of the statutes, as affected by this act, in the year 2004.
(3x) Claims by claimants enrolled in certain training plans. Section 108.04 (16) (d) of the statutes, as created by this act, and Section 68 (3x) of this act apply notwithstanding section 108.04 (16) (b) and (c), 2001 stats.
197,67
Section
67.
Appropriation changes.
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (gg) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $430,200 for fiscal year 2003-04 and the dollar amount is increased by $430,200 for fiscal year 2004-05 to provide funding to upgrade unemployment insurance information technology systems.
(2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (nb) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $2,500,000 for fiscal year 2003-04 and the dollar amount is increased by $2,500,000 for fiscal year 2004-05 to provide funding to upgrade unemployment insurance information technology systems.
197,68
Section
68.
Initial applicability.
(1) The treatment of sections 20.445 (1) (n) and (ne), 108.16 (12), 108.161 (4) (c) (with respect to the reference to section 20.445 (1) (ne) of the statutes), and 108.162 (3) of the statutes first applies with respect to the first calendar quarter of 2004.
(2x) The renumbering and amendment of section 108.04 (2) (a) 3. of the statutes and the creation of section 108.04 (2) (a) 3. a. to c. of the statutes first apply with respect to weeks of unemployment beginning on June 27, 2004.
(3x) The creation of section 108.04 (16) (e) of the statutes first applies with respect to weeks of unemployment beginning on December 30, 2001.
(4x) The treatment of sections 108.02 (25s) and 108.04 (7) (h) and (16) (a) (intro.), 1. to 4., and 5., (b), (c), and (d) of the statutes and the amendment of section 108.04 (16) (e) of the statutes first apply with respect to weeks of unemployment beginning on the effective date of this subsection.
(5x) The treatment of section 108.09 (4) (c) of the statutes first applies with respect to determinations issued under sections 108.09, 108.095, and 108.10 of the statutes on the effective date of this subsection.
(6x) The treatment of sections 108.16 (3) (a) and (6m) (e) and 108.225 (1) (b), (15), and (16) (intro.), (a), (am), (b), and (c) of the statutes first applies with respect to levies issued on the effective date of this subsection.
(7x) The treatment of section 108.16 (8) (b) (intro.) and 2., (c) 4., (e) 4., and (f) of the statutes first applies with respect to transfers of businesses occurring after December 31, 2003.
(8x) The treatment of section 108.22 (2) (b) of the statutes first applies with respect to satisfactions, releases, and withdrawals of warrants issued on the effective date of this subsection.
197,69m
Section 69m.
0Effective dates. This act takes effect on the first Sunday after publication, except as follows:
(1x) The treatment of section 108.16 (6m) (a) of the statutes and the creation of section 108.04 (16) (e) of the statutes take effect retroactively to December 30, 2001.
