SB327: Bill Text

SB327, s. 148 Section 148. 108.21 (1) of the statutes is amended to read:

SB327,88,11 108.21 (1) Every employing unit which employs one or more individuals to perform work in this state shall keep an accurate work record for each individual employed by it, including full name, address and social security number, which will permit determination of the weekly wages earned by each such individual and, the wages paid within each quarter to that individual and the salary reduction amounts that are not wages and that would have been paid by the employing unit to that individual as salary but for a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125. Each such employing unit shall permit any authorized representative of the department to examine, at any reasonable time, the work record and any other records which may show any wages paid by the employing unit, or any salary reduction amounts that are not wages and that would have been paid by the employing unit as salary but for a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, regardless of the format in which such a record is maintained. If such a record is maintained by an employing unit in machine-readable format, the employing unit shall provide the department with information necessary to retrieve the record. If the department determines that the employing unit is unable to provide access to such a record or that the retrieval capability at the site where the record is maintained is not adequate for efficient examination, the employing unit shall provide a copy of the record to the department and shall allow the department to remove the copy from that site for such period as will permit examination at another location. Each such employing unit shall furnish to the department upon demand a sworn statement of the information contained in any such record.

SB327, s. 149 Section 149. 108.22 (9) of the statutes is amended to read:

SB327,89,9 108.22 (9) Any An individual who is an officer or, employe or any, member or manager holding at least 20% of the ownership interest of a corporation or of a limited liability company subject to this chapter, and who has control or supervision of or responsibility for filing contribution reports or making payment of contributions, and who wilfully fails to file such reports or to make such payments to the department, or to ensure that such reports are filed or that such payments are made, may be found personally liable for such amounts, including interest, tardy payment or filing fees, costs and other fees, in the event that after proper proceedings for the collection of such amounts, as provided in this chapter, the corporation or limited liability company is unable to pay such amounts to the department. Ownership interest of a corporation or limited liability company includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation or limited liability company of which the corporation or limited liability company unable to pay such amounts is a wholly owned subsidiary. The personal liability of such officer, employe, member or manager as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company and shall be set forth in a determination or decision issued under s. 108.10.

SB327, s. 150 Section 150. 109.01 (3) of the statutes is amended to read:

SB327,89,17 109.01 (3) "Wage" or "wages" mean remuneration payable to an employe for personal services, including salaries, commissions, holiday and vacation pay, overtime pay, severance pay or dismissal pay, supplemental unemployment compensation benefits benefit plan payments when required under a binding collective bargaining agreement, bonuses and any other similar advantages agreed upon between the employer and the employe or provided by the employer to the employes as an established policy.

SB327, s. 151 Section 151. 116.03 (4) of the statutes is amended to read:

SB327,89,25 116.03 (4) Determine each participating local unit's prorated share of the cost of cooperative programs and assess the costs of each program against each unit participating in the program including, without limitation because of enumeration, unemployment compensation insurance, litigation expense, collective bargaining and monetary awards by courts and agencies, but no board of control may levy any taxes. No cost may be assessed against a unit for a cooperative program unless the unit enters into a contract for the service.

SB327, s. 152 Section 152. 175.46 (5) (a) of the statutes is amended to read:

SB327,90,12 175.46 (5) (a) Except as provided in par. (b), any agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, shall continue to be covered by his or her employing agency for purposes of worker's compensation, unemployment compensation insurance, benefits under ch. 40 and civil liability and any officer of another state acting in Wisconsin under the agreement shall continue to be covered for worker's compensation, unemployment compensation insurance, disability and other employe benefits and civil liability purposes by his or her employing agency in his or her home state. Any Wisconsin officer acting within an adjoining state, under the agreement, is considered while so acting to be in the ordinary course of his or her employment with his or her employing Wisconsin law enforcement agency.

SB327, s. 153 Section 153. 230.26 (4) of the statutes is amended to read:

SB327,90,19 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of worker's compensation, unemployment compensation insurance, group insurance, retirement and social security coverage, shall be denied employes hired under this section. Such employes may not be considered permanent employes and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards or the right to compete in promotional examinations.

SB327, s. 154 Section 154. 303.08 (3) of the statutes is amended to read:

SB327,91,5 303.08 (3) The sheriff shall endeavor to secure employment or employment training for unemployed prisoners under this section. If a prisoner is employed for wages or salary or receives unemployment compensation insurance or employment training benefits while in custody in the jail, the sheriff shall collect the wages or salary or require the prisoner to turn over the wages, salary or benefits in full when received. The sheriff shall deposit the wages, salary or benefits in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages or salary are not subject to garnishment in the hands of either the employer or the sheriff during the prisoner's term, and shall be disbursed only as provided in this section; but for tax purposes they are income of the prisoner.

SB327, s. 155 Section 155. 303.08 (4) of the statutes is amended to read:

SB327,91,20 303.08 (4) Every prisoner who is gainfully employed or who receives unemployment compensation insurance or employment training benefits while in custody in the jail, shall be liable for charges not to exceed the full per person maintenance and cost of the prisoner's board in the jail as fixed by the county board after passage of an appropriate county ordinance. If necessarily absent from jail at a meal time the prisoner shall at the prisoner's request be furnished with an adequate nourishing lunch to carry. The sheriff shall charge the prisoner's account for such board. If the prisoner is gainfully self-employed the prisoner shall pay the sheriff for such board, in default of which the prisoner's privilege under this section is automatically forfeited. If the jail food is furnished directly by the county, the sheriff shall account for and pay over such board payments to the county treasurer. The county board may, by ordinance, provide that the county furnish or pay for the transportation of prisoners employed or receiving training under this section to and from the place of employment or training.

SB327, s. 156 Section 156. 303.08 (5) (intro.) of the statutes is amended to read:

SB327,91,24 303.08 (5) (intro.) By order of the court, the wages, salary and unemployment compensation insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

SB327, s. 157 Section 157. 560.71 (1) (e) 4. c. of the statutes is amended to read:

SB327,92,4 560.71 (1) (e) 4. c. The percentage of households in the area receiving unemployment compensation insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.

SB327, s. 158 Section 158. 560.797 (2) (a) 4. c. of the statutes is amended to read:

SB327,92,9 560.797 (2) (a) 4. c. The percentage of households in the area receiving unemployment compensation insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.

SB327, s. 159 Section 159. 779.14 (1m) (a) of the statutes is amended to read:

SB327,92,21 779.14 (1m) (a) All contracts with the state involving $2,500 or more and all other contracts involving $500 or more for the performance of labor or furnishing materials when the same pertains to any public improvement or public work shall contain a provision for the payment by the prime contractor of all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment compensation insurance.

SB327, s. 160 Section 160. 779.15 (1) of the statutes is amended to read:

SB327,93,12 779.15 (1) Any person furnishing labor or materials to be used or consumed in making public improvements or performing public work, including fuel, lumber, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electrical energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment compensation insurance, to any prime contractor, except in cities of the 1st class, shall have a lien on the money or bonds or warrants due or to become due the prime contractor therefor, if the lienor, before payment is made to the prime contractor, gives written notice to the debtor state, county, town or municipality of the claim. The debtor shall withhold a sufficient amount to pay the claim and, when it is admitted by the prime contractor or established under sub. (3), shall pay the claim and charge it to the prime contractor. Any officer violating the duty hereby imposed shall be liable on his or her official bond to the claimant for the damages resulting from the violation. There shall be no preference between the lienors serving the notices.

SB327, s. 161 Section 161. 815.18 (13) (j) of the statutes is amended to read:

SB327,93,15 815.18 (13) (j) Unemployment compensation insurance benefits exempt under s. 108.13.

SB327, s. 162 Section 162. 859.02 (2) (a) of the statutes is amended to read:

SB327,93,22 859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation insurance contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 49.496 or 49.682 or a claim of the United States; or

SB327, s. 163 Section 163. 949.06 (3) (b) of the statutes is amended to read:

SB327,93,25 949.06 (3) (b) From insurance payments or program, including worker's compensation and unemployment compensation insurance.

SB327, s. 164 Section 164 . Nonstatutory provisions; transitional provisions.

SB327,94,2 (1) Definitions. In this Section:

SB327,94,3 (a) "Department" means the department of workforce development.

SB327,94,4 (b) "Employer" has the meaning given in section 108.02 (13) of the statutes.

SB327,94,10 (2) Levy in year in which this subsection takes effect. Notwithstanding section 108.19 (1e) (b) of the statutes, as created by this act, if this subsection takes effect in any year before April 1, the department may, no later than the 14th 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 created by this act, in the year in which this subsection takes effect.

SB327,94,17 (3) Levy in year after this subsection takes effect. Notwithstanding section 108.19 (1e) (b) of the statutes, as created by this act, if this subsection takes effect in any year after November 30, the department may, no later than the 14th 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 created by this act, in the year following the year in which this subsection takes effect.

SB327, s. 165 Section 165. Initial applicability.

SB327,94,20 (1) The treatment of section 108.05 (2) (c) of the statutes first applies with respect to weeks of unemployment beginning on January 4, 1998.

SB327,94,22 (2) The treatment of section 108.02 (12) (b) (intro.) and (c) (intro.) of the statutes first applies with respect to services performed after December 31, 1997.

SB327,94,24 (3) The treatment of section 108.04 (4) (a) of the statutes first applies with respect to benefit years which begin on the effective date of this subsection.

SB327,95,4 (4) The treatment of section 108.05 (3) (a) and (b) 1. a. and b. of the statutes, the renumbering of section 108.05 (3) (b) 2. of the statutes and the creation of section 108.05 (3) (b) 1. c. and 2. of the statutes first apply with respect to weeks of unemployment beginning on the effective date of this subsection.

SB327,95,9 (5) The treatment of section 108.065 (1) of the statutes first applies with respect to determinations issued under sections 108.09 and 108.10 of the statutes on the effective date of this subsection or, in relation to determinations that are appealed, to decisions issued under sections 108.09 and 108.10 of the statutes on the effective date of this subsection.

SB327,95,12 (6) The treatment of section 108.18 (3m) (b), (c) and (d), (4) (figure) Schedule D and (9) (figure) Schedule D of the statutes first applies with respect to payrolls beginning on January 1, 1998.

SB327,95,15 (7) The treatment of section 108.21 (1) of the statutes first applies with respect to amounts earned during the week which begins on the effective date of this subsection.

SB327,95,18 (8) The treatment of section 108.22 (9) of the statutes first applies with respect to determinations issued under section 108.10 of the statutes on the effective date of this subsection.

SB327, s. 166 Section 166. Effective dates. This act takes effect on the first Sunday after publication, except as follows:

SB327,95,22 (1) The treatment of section 20.445 (1) (gd) (by Section 9) of the statutes takes effect on the date specified in 1997 Wisconsin Act 27, section 9246 (1h).

SB327,95,24 (2) The treatment of section 20.445 (1) (gd) (by Section 10) of the statutes takes effect on July 1, 1999.

SB327,96,2 (3) The treatment of section 71.80 (16) (a) (by Section 33) of the statutes takes effect on January 1, 1998.

SB327,96,4 (4) The treatment of section 108.20 (2m) (by Section 146 ) of the statutes takes effect on July 1, 1999.

SB327,96,5 (End)