The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 108.02 (12) (a) of the statutes is amended to read:
108.02 (12) (a) "Employee" means any individual who is or has been performing services for pay for an employing unit, whether or not the individual is paid directly by the employing unit, except as provided in par. (b), (bm), (c), (d), (dm) or (dn).
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2. 108.02 (12) (b) of the statutes is repealed.
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3. 108.02 (12) (bm) (intro.) of the statutes is amended to read:
108.02 (12) (bm) (intro.) During the period beginning on January 1, 2000, with respect to contribution requirements, and during the period beginning on April 2, 2000, with respect to benefit eligibility, par. Paragraph (a) does not apply to an individual performing services for an employing unit other than a government unit or nonprofit organization in a capacity other than as a logger or trucker, if the employing unit satisfies the department that the individual meets 7 or more of the following conditions specified in subds. 1. and 2., by contract and in fact:
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4. 108.02 (12) (bm) 1. and 2. of the statutes are repealed and recreated to read:
108.02 (12) (bm) 1. The services of the individual are performed free from control or direction by the employing unit over the performance of his or her services. In determining whether services of an individual are performed free from control or direction, the department may consider the following nonexclusive factors:
a. Whether the individual is required to comply with instructions concerning how to perform the services.
b. Whether the individual receives training from the employing unit with respect to the services performed.
c. Whether the individual is required to personally perform the services.
d. Whether the services of the individual are required to be performed at times or in a particular order or sequence established by the employing unit.
e. Whether the individual is required to make oral or written reports to the employing unit on a regular basis.
2. The individual meets 6 or more of the following conditions:
a. The individual advertises or otherwise affirmatively holds himself or herself out as being in business.
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5. 108.02 (12) (bm) 3. and 4. of the statutes are renumbered 108.02 (12) (bm) 2. b. and c. and amended to read:
108.02 (12) (bm) 2. b. The individual maintains a separate business with his or her own office,
or performs most of the services in a facility or location chosen by the individual and uses his or her own equipment,
or materials and other facilities in performing the services.
c. The individual operates under multiple contracts with one or more employing units to perform specific services for specific amounts of money and under which the individual controls the means and methods of performing such services.
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6. 108.02 (12) (bm) 5. of the statutes is renumbered 108.02 (12) (bm) 2. d.
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7. 108.02 (12) (bm) 6. and 7. of the statutes are renumbered 108.02 (12) (bm) 2. e. and f. and amended to read:
108.02 (12) (bm) 2. e. The individual is responsible for the satisfactory completion of the services that he or she contracts to perform and is liable for a failure to satisfactorily complete the services obligated to redo unsatisfactory work for no additional compensation or is subject to a monetary penalty for unsatisfactory work.
f. The services performed by the individual receives compensation for services performed under a contract on a commission or per-job or competitive-bid basis and not on any other basis do not directly relate to the employing unit retaining the services.
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8. 108.02 (12) (bm) 8. and 9. of the statutes are renumbered 108.02 (12) (bm) 2. g. and h.
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9. 108.02 (12) (bm) 10. of the statutes is renumbered 108.02 (12) (bm) 2. i. and amended to read:
108.02 (12) (bm) 2. i. The success or failure of the individual's business depends on the relationship of business receipts to expenditures individual is not economically dependent upon a particular employing unit with respect to the services being performed.
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10. 108.02 (15) (f) 3. of the statutes is amended to read:
108.02 (15) (f) 3. As a member of a legislative body or the judiciary of a state or political subdivision, or as a member of an elective legislative body or the judiciary of an Indian tribe;
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11. 108.02 (15) (f) 6. of the statutes is amended to read:
108.02 (15) (f) 6. In a position which, under or pursuant to the laws of this state, or of an Indian tribe, is designated as a major nontenured policymaking or advisory position, or is designated as a policymaking or advisory position the performance of the duties of which does not ordinarily require more than 8 hours per week.
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12. 108.02 (15) (g) 1. of the statutes is amended to read:
108.02 (15) (g) 1. By an individual receiving work relief or work training as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or by an agency of a state or political subdivision thereof or by an Indian tribe, unless otherwise required as a condition for participation by the unit or organization in such program;
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13. 108.02 (15) (km) of the statutes is created to read:
108.02 (15) (km) "Employment", as applied to work for a given employer other than a government unit or a nonprofit organization, except as the employer elects otherwise with the department's approval, does not include service:
1. Provided by an individual to an ill or disabled family member who is the employing unit for such service, if the service is personal care or companionship. For purposes of this subdivision, "family member" means a spouse, parent, child, grandparent, or grandchild of an individual, by blood or adoption, or an individual's step parent, step child, or domestic partner. In this subdivision, "domestic partner" has the meaning given in s. 770.01 (1).
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14. 108.02 (15s) of the statutes is created to read:
108.02 (15s) Full-time work. "Full-time work" means work performed for 32 or more hours per week.
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15. 108.02 (20m) of the statutes is created to read:
108.02 (20m) Part-time work. "Part-time work" means work performed for less than 32 hours per week.
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16. 108.02 (21e) (intro.) of the statutes is amended to read:
108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:
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17. 108.04 (1) (g) (intro.) of the statutes is amended to read:
108.04 (1) (g) (intro.) Except as provided in par. (gm) and s. 108.06 (7) (d), the base period wages utilized to compute total benefits payable to an individual under s. 108.06 (1) as a result of the following employment shall not exceed 10 times the individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
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18. 108.04 (2) (a) (intro.) of the statutes is amended to read:
108.04 (2) (a) (intro.) Except as provided in par. (b) and sub. (16) (am) and (b) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week for which he or she earns no wages only if:
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19. 108.04 (2) (d) of the statutes is repealed.
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20. 108.04 (7) (k) of the statutes is amended to read:
108.04 (7) (k) Paragraph (a) does not apply to an employee who terminates his or her part-time work consisting of not more than 30 hours per week if the employee is otherwise eligible to receive benefits because of the loss of the employee's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.
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21. 108.04 (7) (o) of the statutes is amended to read:
108.04 (7) (o) Paragraph (a) does not apply to an employee who terminates his or her work in one of 2 or more concurrently held positions, at least one of which consists of more than 30 hours per week is full-time work, if the employee terminates his or her work before receiving notice of termination from a position which consists of more than 30 hours per week is full-time work.
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22. 108.04 (11) (be) (intro.) of the statutes is amended to read:
108.04 (11) (be) (intro.) A claimant shall forfeit benefits and be disqualified from receiving benefits for acts of concealment described in pars. (a) and (b) as follows:
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23. 108.04 (16) (a) of the statutes is repealed and recreated to read:
108.04 (16) (a) In this subsection, "approved training" means:
1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:
a. The course is expected to increase the individual's opportunities to obtain employment;
b. The course is given by a school established under s. 38.02 or another training institution approved by the department;
c. The individual is enrolled full time as determined by the training institution;
d. The course does not grant substantial credit leading to a bachelor's or higher degree; and
e. The individual is attending regularly and making satisfactory progress in the course.
2. A program administered by the department for the training of unemployed workers, other than the youth apprenticeship program under s. 106.13;
3. The plan of any state for training under the federal trade act,
19 USC 2296; or
4. A plan for training approved under the federal workforce investment act,
29 USC 2822.
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24. 108.04 (16) (am) of the statutes is created to read:
108.04 (16) (am) The department shall not apply any benefit reduction or disqualification under sub. (1) (a), (2) (a), or (8), or s. 108.141 (3g) (a) or (c) to any otherwise eligible individual for any week as a result of the individual's enrollment in approved training.
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25. 108.04 (16) (b) of the statutes is amended to read:
108.04 (16) (b) The department shall not apply any benefit reduction or disqualification under sub. (1) (b), (2) (a), (7) (c), or (8) (e) or s. 108.141 (3g) (d) that is not the result of approved training or basic education under par. (a) while an individual is enrolled in a course of training or education that meets the standards specified in par. (a) approved training.
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26. 108.04 (16) (c) of the statutes is repealed.
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27. 108.04 (16) (d) of the statutes is amended to read:
108.04 (16) (d) If an individual is enrolled under the plan of any state for training under 19 USC 2296 or a plan for training of dislocated workers approved under 29 USC 2822 in approved training specified in par. (a) 3. or 4.:
1. The department shall not deny benefits under sub. (7) as a result of the individual's leaving unsuitable work to enter or continue such training
, as a result of the individual's leaving work that the individual engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because the individual did not meet the requirements of the federal trade act under 19 USC 2296 (c) (1) (B); and
2. The requalifying requirements under subs. (7) and (8) do not apply while the individual is enrolled in such approved training specified in par. (a) 3. or 4.
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28. 108.04 (16) (e) of the statutes is amended to read:
108.04 (16) (e) The department shall charge to the fund's balancing account the cost of benefits paid to an individual that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18 if the individual receives benefits based on the application of par. (am), (b),
(c) 2., or (d).
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29. 108.04 (16) (f) of the statutes is created to read:
108.04 (16) (f) As a condition to qualification of a course as approved training for an individual under this subsection, the department may require a certification from the training institution showing the individual's attendance and progress in the course.
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30. 108.05 (3) (b) 1. a., b. and c. of the statutes are amended to read:
108.05 (3) (b) 1. a. The claimant works full time for that employer at least 35 hours in that week at the same or a greater rate of pay, excluding bonuses, incentives, overtime or any other supplement to the earnings, as the claimant was paid by that employer in that quarter of the claimant's base period in which the claimant was paid his or her highest wages;
b. The claimant receives from that employer sick pay, holiday pay, vacation pay or termination pay which, by itself or in combination with wages earned for work performed in that week for that employer, is equivalent to pay for at least 35 hours of full-time work at that same or a greater rate of pay; or
c. The amount that the claimant would have earned within that week from that employer in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), by itself or in combination with the wages earned for work performed in that week for that employer and the pay received under subd. 1. b., is equivalent to pay for at least 35 hours of full-time work at that same or a greater rate of pay.
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31. 108.05 (3) (e) of the statutes is created to read:
108.05 (3) (e) For purposes of this subsection, a bonus or profit-sharing payment is considered to be earned in the week in which the bonus or payment is paid by the employer. A bonus or profit-sharing payment is considered to be paid on the date of the check if payment is made by check, on the date of direct deposit by the employer at a financial institution if payment is deposited by the employer to an employee's account at a financial institution, or on the date that the bonus or payment is received by the employee if any other method of payment is used.
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32. 108.05 (7) (d) 1. (intro.) and a. of the statutes are consolidated, renumbered 108.05 (7) (d) 1. and amended to read:
108.05 (7) (d) 1. If a pension payment is not paid on a weekly basis, the department shall allocate and attribute the payment to specific weeks in accordance with subd. 2. if: a. The the payment is actually or constructively received on a periodic basis; or. If a pension payment is actually or constructively received on other than a periodic basis, the department shall allocate the payment to the week in which it is received.
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33. 108.05 (7) (d) 1. b. of the statutes is renumbered 108.05 (7) (d) 1m. and amended to read:
108.05 (7) (d) 1m. The For purposes of this paragraph, a payment is actually or constructively received on other than a periodic basis and if it has become definitely allocated and payable to the claimant by the close of each such a given week, and the department has provided due notice to the claimant that the payment will be allocated in accordance with subd. 2. b. 1.
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34. 108.05 (7) (d) 2. (intro.) and a. of the statutes are consolidated, renumbered 108.05 (7) (d) 2. and amended to read:
108.05 (7) (d) 2. The department shall allocate a pension payment as follows: a. If the payment that is is actually or constructively received on a periodic basis, the amount allocated by allocating to each week is the fraction of the payment attributable to that week.
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35. 108.05 (7) (d) 2. b. of the statutes is repealed.
