Amendment ASA1-AB40

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:

AB40-ASA1,948,14 108.05 (3) (c) (intro.) Except when otherwise authorized in an approved work-share program under s. 108.062 and except as provided in par. (cm), a claimant is ineligible to receive any benefits for a week in which one or more of the following applies to the claimant for 32 or more hours in that week:

AB40-ASA1,1717x Section 1717x. 108.05 (3) (cm) of the statutes is created to read:

AB40-ASA1,948,16 108.05 (3) (cm) 1. In this paragraph:

AB40-ASA1,948,19 a. "Complete business shutdown" means that all locations operated by an employer are closed for business completely and no employee employed by the business is required by the employer to report for work or be available for work.

AB40-ASA1,948,21 b. "State or federal holiday" means a day specified in s. 230.35 (4) (a) or in 5 USC 6103 (a).

AB40-ASA1,949,2 2. An employer may, on or before December 1, provide to the department a written notice designating that the employer will undergo a complete business shutdown on one or more state or federal holidays in the succeeding calendar year. An employer may not designate more than 7 state or federal holidays under this subdivision for a complete business shutdown during the succeeding calendar year.

AB40-ASA1,949,4 3. A notice under subd. 2. is not valid for any year subsequent to the succeeding calendar year.

AB40-ASA1,949,7 4. The number of hours specified in par. (c), as it applies to a claimant, is reduced by 8 hours for the week during which a state or federal holiday occurs if all of the following apply:

AB40-ASA1,949,8 a. The claimant has base period wages only from the employer under subd. 2.

AB40-ASA1,949,10 b. The employer designated the state or federal holiday for a complete business shutdown under subd. 2. and underwent a complete business shutdown on that day.

AB40-ASA1,949,16 5. If an employer that provides a notice under subd. 2. will not or does not undergo a complete business shutdown on a state or federal holiday as designated in the notice, the employer shall, no later than the first business day following the week in which the state or federal holiday occurs, provide the department with a written notice indicating that the complete business shutdown will not or did not occur.

AB40-ASA1,1718 Section 1718. 108.14 (7) (bm) of the statutes is created to read:

AB40-ASA1,949,25 108.14 (7) (bm) Upon request of the department of revenue, the department may provide information, including social security numbers, concerning claimants to the department of revenue for the purpose of administering state taxes, identifying fraudulent tax returns, providing information for tax-related prosecutions, or locating persons or the assets of persons who have failed to file tax returns, who have underreported their taxable income, or who are delinquent debtors. The department of revenue shall adhere to the limitation on inspection and disclosure of the information under par. (b).

AB40-ASA1,1718e Section 1718e. 108.14 (8n) (e) of the statutes is amended to read:

AB40-ASA1,950,15 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), (5) (b) or (8) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

AB40-ASA1,1718m Section 1718m. 108.141 (7) (a) of the statutes is amended to read:

AB40-ASA1,950,23 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), (5) (b) or (8) applies to the fund's balancing account.

AB40-ASA1,1718s Section 1718s. 108.16 (13) of the statutes is created to read:

AB40-ASA1,951,14 108.16 (13) If the secretary determines that employers in this state that are subject to a requirement to pay a federal unemployment tax might experience a lower tax rate if this state were to loan moneys to the fund under s. 20.002 (11) (b) 3m., the secretary shall request the secretary of administration to make one or more transfers to the fund in the amount required to maintain a favorable federal tax experience for employers. The secretary shall not request a transfer under this subsection if the outstanding balance of such transfers at the time of the request would exceed $50,000,000. Whenever the secretary determines that the balance of the fund permits repayment of a transfer, in whole or in part, without jeopardizing the ability of the department to continue to pay other liabilities and costs chargeable to the fund, the secretary shall repay the department of administration for the amount that the secretary determines is available for repayment. The secretary shall ensure that the timing of any repayment accords with federal requirements for ensuring a favorable tax experience for employers in this state.

AB40-ASA1,1719 Section 1719. 108.161 (7) of the statutes is amended to read:

AB40-ASA1,951,21 108.161 (7) If any moneys appropriated hereunder are used to buy and hold suitable land, with a view to the future construction of an employment security building thereon, and if such land is later sold or transferred to other use, the proceeds of such sale (or the value of such land when transferred) shall be credited to the account created by sub. (1) except as otherwise provided in ss. 13.48 (14) and 16.848.

AB40-ASA1,1720 Section 1720. 108.161 (9) of the statutes is amended to read:

AB40-ASA1,952,7 108.161 (9) Any land and building or office quarters acquired under this section shall continue to be used for employment security purposes. Realty or quarters may not be sold or transferred to other use if prior action is taken under s. 13.48 (14) (am) or 16.848 (1) and may not be sold or transferred without the governor's approval. The proceeds from the sale, or the value of realty or quarters upon transfer, shall be credited to the account established in sub. (1) or credited to the fund established in s. 108.20, or both in accordance with federal requirements. Equivalent substitute rent-free quarters may be provided, as federally approved. Amounts credited under this subsection shall be used solely to finance employment security quarters according to federal requirements.

AB40-ASA1,1720b Section 1720b. 108.18 (4) (figure) Schedule A line 23. of the statutes is amended to read:

Figure 108.18 (4):

Schedule A - See PDF for table

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AB40-ASA1,1720c Section 1720c. 108.18 (4) (figure) Schedule A lines 24. to 26. of the statutes are created to read:

Figure 108.18 (4):

Schedule A - See PDF for table

- See PDF for table

AB40-ASA1,1720d Section 1720d. 108.18 (4) (figure) Schedule B line 23. of the statutes is amended to read:

Figure 108.18 (4):

Schedule B - See PDF for table

- See PDF for table

AB40-ASA1,1720e Section 1720e. 108.18 (4) (figure) Schedule B lines 24. to 26. of the statutes are created to read:

Figure 108.18 (4):

Schedule B - See PDF for table

- See PDF for table

AB40-ASA1,1720f Section 1720f. 108.18 (4) (figure) Schedule C line 23. of the statutes is amended to read:

Figure 108.18 (4):