Amendment ASA1-AB40

AB40-ASA1,936,18 101.575 (4) (a) 1. The department determines that the city, village, town or fire department is in substantial compliance with sub. (6) and s. ss. 101.14 (2) and 101.141 (1) and (2). The department shall establish by rule the meaning of "substantial compliance" for purposes of this subdivision.

AB40-ASA1,1710r Section 1710r. 101.575 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,937,2 101.575 (4) (a) 2. The city, village or town has submitted a form which is signed by the clerk of the city, village or town and by the chief of the fire department providing fire protection to that city, village or town, which is provided by the department by rule and which certifies that the fire department is in substantial compliance with this section or the department has audited the city, village, town or fire department and determined that it is in substantial compliance with sub. (6) and s. ss. 101.14 (2) and 101.141 (1) and (2). The department shall establish by rule the meaning of "substantial compliance" for purposes of this subdivision.

AB40-ASA1,1711 Section 1711. 101.653 (2m) of the statutes is amended to read:

AB40-ASA1,937,7 101.653 (2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.

AB40-ASA1,1712 Section 1712. 101.653 (8) of the statutes is created to read:

AB40-ASA1,937,10 101.653 (8) Inapplicability. This section does not apply to a construction site that has a land disturbance area that is one acre or more in area.

AB40-ASA1,1712g Section 1712g. 101.983 (2) (title) of the statutes is amended to read:

AB40-ASA1,937,12 101.983 (2) (title) Operation; inspections.

AB40-ASA1,1712m Section 1712m. 101.983 (2) (e) of the statutes is created to read:

AB40-ASA1,937,15 101.983 (2) (e) Exemption. This subsection does not apply to elevators or dumbwaiters that serve individual residential dwelling units.

AB40-ASA1,1712r Section 1712r. 101.983 (3) of the statutes is created to read:

AB40-ASA1,937,23 101.983 (3) Inspections; individual residential dwelling units. No owner of a residence may sell or otherwise transfer an individual residential dwelling unit that is served by a dumbwaiter or an elevator unless the owner provides the purchaser or transferee, prior to the sale or transfer of the property, with an inspection report from an elevator inspector licensed under s. 101.985 (3) that indicates that the dumbwaiter or elevator complies with this subchapter and any applicable rules promulgated under this subchapter.

AB40-ASA1,1713 Section 1713. 102.07 (17m) of the statutes is amended to read:

AB40-ASA1,938,3 102.07 (17m) A participant in a trial employment match program job under s. 49.147 (3) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB40-ASA1,1714 Section 1714. 102.75 (1m) of the statutes is amended to read:

AB40-ASA1,938,9 102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

AB40-ASA1,1714d Section 1714d. 106.32 of the statutes is created to read:

AB40-ASA1,938,11 106.32 Veteran employment grants. (1) Definitions. In this section:

AB40-ASA1,938,14 (a) "Disabled veteran" means a veteran who is verified by the department of veterans affairs to have a service-connected disability rating of at least 50 percent under 38 USC 1114 or 1134.

AB40-ASA1,938,17 (b) "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.

AB40-ASA1,938,20 (c) "Part-time job" means a regular, nonseasonal part-time position in which an individual, as a condition of employment, is required to work fewer than 2,080 hours per year, including paid leave and holidays.

AB40-ASA1,938,24 (d) "Veteran" means a person who is verified by the department of veterans affairs to have served on active duty under honorable conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed forces, in the national guard, or in a reserve component of the U.S. armed forces.

AB40-ASA1,939,4 (2) Grants. (a) Beginning on the effective date of this paragraph .... [LRB inserts date], from the appropriation account under s. 20.445 (1) (q), the department shall award a grant in any of the following amounts to any person who hires a disabled veteran to work at a business in this state:

AB40-ASA1,939,8 1. For each disabled veteran the person hires in the calendar year to work a full-time job at the person's business in this state, $4,000 in the calendar year in which the disabled veteran is hired and $2,000 in each of the 3 calendar years following the calendar year in which the disabled veteran is hired.

AB40-ASA1,939,12 2. Subject to sub. (3) (c), for each disabled veteran the person hires in the calendar year to work a part-time job at the person's business in this state, $2,000 in the calendar year in which the disabled veteran is hired and $1,000 in each of the 3 calendar years following the calendar year in which the disabled veteran is hired.

AB40-ASA1,939,14 (b) A person shall apply for a grant under this section in the manner prescribed by the department.

AB40-ASA1,939,17 (3) Limitations. (a) The department shall not pay a grant to an applicant in any calendar year in which the disabled veteran voluntarily or involuntarily leaves his or her employment with the applicant.

AB40-ASA1,939,22 (b) The department shall pay a grant under this section only for hiring a disabled veteran who has received unemployment compensation benefits for at least one week prior to being hired by the applicant, who was receiving such benefits at the time that he or she was hired by the applicant, and who was eligible to receive such benefits at the time the benefits were paid.

AB40-ASA1,939,24 (c) The department shall determine the amount of the grant under sub. (2) (a) 2. as follows:

AB40-ASA1,940,2 1. Divide the number of hours that the disabled veteran worked for the applicant during the calendar year by 2,080.

AB40-ASA1,940,4 2. Multiply the amount of the grant under sub. (2) (a) 2., as appropriate, by the number determined under subd. 1.

AB40-ASA1,1714t Section 1714t. 108.02 (3) of the statutes is created to read:

AB40-ASA1,940,7 108.02 (3) Alcohol beverages. "Alcohol beverages" has the meaning given in s. 125.02 (1).

AB40-ASA1,1714u Section 1714u. 108.02 (9) of the statutes is created to read:

AB40-ASA1,940,10 108.02 (9) Controlled substance. "Controlled substance" has the meaning given in s. 961.01 (4).

AB40-ASA1,1714um Section 1714um. 108.02 (9m) of the statutes is created to read:

AB40-ASA1,940,13 108.02 (9m) Controlled substance analog. "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB40-ASA1,1714w Section 1714w. 108.02 (15m) (intro.) of the statutes is amended to read:

AB40-ASA1,940,16 108.02 (15m) Family corporation. (intro.) Except as provided in s. 108.04 (7) (r), "family "Family corporation" means:

AB40-ASA1,1715 Section 1715. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40-ASA1,940,25 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of safety and professional services financial institutions in accordance with subch. III of ch. 461 202, 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:

AB40-ASA1,1716 Section 1716. 108.04 (2) (a) 2. of the statutes, as affected by 2013 Wisconsin Act 11, is amended to read:

AB40-ASA1,941,4 108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the individual has registered for work as directed by the department; and

AB40-ASA1,1717 Section 1717. 108.04 (2) (a) 3. (intro.) of the statutes, as affected by 2013 Wisconsin Act 11, is amended to read:

AB40-ASA1,941,19 108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b) or s. 108.062 (10m). The search for suitable work must include 2 at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department may, by rule, require an individual to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:

AB40-ASA1,1717b Section 1717b. 108.04 (2) (i) of the statutes is created to read:

AB40-ASA1,941,24 108.04 (2) (i) 1. There is a rebuttable presumption that a claimant who is subject to the requirement under par. (a) 3. to conduct a reasonable search for suitable work has not conducted a reasonable search for suitable work in a given week if all of the following apply:

AB40-ASA1,941,25 a. The claimant was last employed by a temporary help company.

AB40-ASA1,942,4 b. The temporary help company required the claimant to contact the temporary help company about available assignments weekly, or less often as prescribed by the temporary help company, and the company gave the claimant written notice of that requirement at the time the claimant was initially employed by the company.

AB40-ASA1,942,7 c. During that week, the claimant was required to contact the temporary help company about available assignments and the claimant did not contact the temporary help company about available assignments.

AB40-ASA1,942,10 d. The temporary help company submits a written notice to the department within 10 business days after the end of that week reporting that the claimant did not contact the company about available assignments.

AB40-ASA1,942,12 2. A claimant may only rebut the presumption under subd. 1. if the claimant demonstrates one of the following to the department for a given week:

AB40-ASA1,942,14 a. That the claimant did contact the temporary help company about available assignments during that week.

AB40-ASA1,942,18 b. That the claimant was not informed by the temporary help company of the requirement to contact the temporary help company or had other good cause for his or her failure to contact the temporary help company about available assignments during that week.

AB40-ASA1,942,22 3. If a claimant who was last employed by a temporary help company contacts the temporary help company during a given week about available assignments, that contact constitutes one action that constitutes a reasonable search for suitable work, for purposes of par. (a) 3.

AB40-ASA1,1717d Section 1717d. 108.04 (5) of the statutes is renumbered 108.04 (5) (intro.) and amended to read:

AB40-ASA1,944,3 108.04 (5) Discharge for misconduct. (intro.) Unless sub. (5g) results in disqualification, an An employee whose work is terminated by an employing unit for misconduct by the employee connected with the employee's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that the rate which that would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected with the employee's employment shall be excluded from the employee's base period wages under s. 108.06 (1) for purposes of benefit entitlement. This subsection does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). 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 from which base period wages are excluded under this subsection. For purposes of this subsection, "misconduct" means one or more actions or conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of his or her employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer's interests, or of an employee's duties and obligations to his or her employer. In addition, "misconduct" includes:

AB40-ASA1,1717f Section 1717f. 108.04 (5) (a) to (g) of the statutes are created to read:

AB40-ASA1,944,7 108.04 (5) (a) A violation by an employee of an employer's reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, if the employee:

AB40-ASA1,944,8 1. Had knowledge of the alcohol beverage or controlled substance policy; and

AB40-ASA1,944,13 2. Admitted to the use of alcohol beverages or a controlled substance or controlled substance analog or refused to take a test or tested positive for the use of alcohol beverages or a controlled substance or controlled substance analog in a test used by the employer in accordance with a testing methodology approved by the department.

AB40-ASA1,944,18 (b) Theft of an employer's property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an employee's employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial damage to his or her employer's property.

AB40-ASA1,944,21 (c) Conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for his or her employer.

AB40-ASA1,944,23 (d) One or more threats or acts of harassment, assault, or other physical violence instigated by an employee at the workplace of his or her employer.

AB40-ASA1,945,5 (e) Absenteeism by an employee on more than 2 occasions within the 120-day period before the date of the employee's termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness.

AB40-ASA1,945,7 (f) Unless directed by an employee's employer, falsifying business records of the employer.

AB40-ASA1,945,14 (g) Unless directed by the employer, a willful and deliberate violation of a written and uniformly applied standard or regulation of the federal government or a state or tribal government by an employee of an employer that is licensed or certified by a governmental agency, which standard or regulation has been communicated by the employer to the employee and which violation would cause the employer to be sanctioned or to have its license or certification suspended by the agency.

AB40-ASA1,1717h Section 1717h. 108.04 (5g) of the statutes is repealed and recreated to read:

AB40-ASA1,946,2 108.04 (5g) Discharge for substantial fault. (a) An employee whose work is terminated by an employing unit for substantial fault by the employee connected with the employee's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the termination occurs and the employee earns wages after the week in which the termination occurs equal to at least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's benefit rate shall be the rate that would have been paid had the discharge not occurred. For purposes of this paragraph, "substantial fault" includes those acts or omissions of an employee over which the employee exercised reasonable control and which violate reasonable requirements of the employee's employer but does not include any of the following:

AB40-ASA1,946,4 1. One or more minor infractions of rules unless an infraction is repeated after the employer warns the employee about the infraction.

AB40-ASA1,946,5 2. One or more inadvertent errors made by the employee.

AB40-ASA1,946,7 3. Any failure of the employee to perform work because of insufficient skill, ability, or equipment.

AB40-ASA1,946,11 (b) The department shall charge to the fund's balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 if the employee is discharged by the employer and paragraph (a) applies.

AB40-ASA1,1717j Section 1717j. 108.04 (7) (a) of the statutes is amended to read:

AB40-ASA1,946,23 108.04 (7) (a) If an employee terminates work with an employing unit, the employee is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the termination occurs and the employee earns wages after the week in which the termination occurs equal to at least 4 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the termination not occurred. This paragraph does not preclude an employee from establishing a benefit year by using the base period wages paid by the employer from which the employee voluntarily terminated, if the employee is qualified to establish a benefit year under s. 108.06 (2) (a).

AB40-ASA1,1717L Section 1717L. 108.04 (7) (d), (g), (j), (k), (m), (n), (o), (p) and (r) of the statutes are repealed.

AB40-ASA1,1717n Section 1717n. 108.04 (7) (e) of the statutes is amended to read:

AB40-ASA1,947,11 108.04 (7) (e) Paragraph (a) does not apply if the department determines that the employee accepted work which the employee could have failed to accept with good cause under sub. (8) and terminated such work with the same good cause and within the first 10 weeks 30 calendar days after starting the work, or that the employee accepted work which the employee could have refused under sub. (9) and terminated such work within the first 10 weeks 30 calendar days after starting the work. For purposes of this paragraph, an employee has the same good cause for voluntarily terminating work if the employee could have failed to accept the work under sub. (8) (d) when it was offered, regardless of the reason articulated by the employee for the termination.

AB40-ASA1,1717p Section 1717p. 108.04 (7) (h) of the statutes is amended to read:

AB40-ASA1,947,17 108.04 (7) (h) The department shall charge to the fund's balancing account benefits paid to an employee 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 employee voluntarily terminates employment with that employer and par. (a), (c), (d), (e), (k), (L), (o), (p), (q), (s), or (t) applies.

AB40-ASA1,1717r Section 1717r. 108.04 (7) (L) (intro.) of the statutes is amended to read:

AB40-ASA1,947,23 108.04 (7) (L) (intro.) Paragraph (a) does not apply if the department determines that the employee terminated work to accept employment or other work covered by the unemployment insurance law of any state or the federal government, and earned wages in the subsequent work equal to at least 4 times the employee's weekly benefit rate under s. 108.05 (1) if the work:

AB40-ASA1,1717t Section 1717t. 108.04 (7) (t) of the statutes is renumbered 108.04 (7) (t) (intro.) and amended to read:

AB40-ASA1,948,2 108.04 (7) (t) (intro.) Paragraph (a) does not apply if the department determines that the all of the following apply to an employee:

AB40-ASA1,948,4 1. The employee's spouse changed his or her place of employment is a member of the U.S. armed forces on active duty.

AB40-ASA1,948,6 2. The employee's spouse was required by the U.S. armed forces to relocate to a place to which it is impractical for the employee to commute and the.

AB40-ASA1,948,8 3. The employee terminated his or her work to accompany the spouse to that place.

AB40-ASA1,1717v Section 1717v. 108.05 (3) (c) (intro.) of the statutes, as affected by 2013 Wisconsin Act 11, is amended to read: