SB255: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB255, s. 1 Section 1. 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Acts 27, 39 and 252, is amended to read:

SB255,9,13 20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and 108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all moneys not appropriated under. pars. (ge), (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.

SB255, s. 2 Section 2. 20.445 (1) (ge) of the statutes is amended to read:

SB255,9,18 20.445 (1) (ge) Unemployment reserve fund research. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and 108.22, the amounts in the schedule for research relating to the current and anticipated condition of the unemployment reserve fund under s. 108.14 (6).

SB255, s. 3 Section 3. 20.445 (1) (gf) of the statutes is amended to read:

SB255,9,25 20.445 (1) (gf) Employment security Unemployment insurance administration. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22, the amounts in the schedule for the administration of employment service programs and unemployment insurance programs under ch. 108 and s. 106.09 and federal or state unemployment insurance programs authorized by the governor under s. 16.54; and for payments to satisfy any federal audit exception concerning a payment from the unemployment reserve fund or any federal aid disallowance involving the unemployment insurance program.

SB255, s. 4 Section 4. 20.445 (1) (gg) of the statutes is amended to read:

SB255,10,8 20.445 (1) (gg) (title) Unemployment information technology systems tax and accounting system; interest and penalties. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22, as a continuing appropriation, the amounts in the schedule for the purpose specified in s. 108.19 (1e).

SB255, s. 5 Section 5. 20.445 (1) (gh) (title) of the statutes is amended to read:

SB255,10,11 20.445 (1) (gh) (title) Unemployment information technology systems tax and accounting system; assessments.

SB255, s. 6 Section 6. 20.445 (1) (n) of the statutes is amended to read:

SB255,10,22 20.445 (1) (n) Unemployment administration; federal moneys. All federal moneys received for the employment service under s. 106.09 (4) to (6), for the administration of unemployment insurance or for the performance of the department's functions under ch. 108, and for its other efforts to regularize employment, except moneys appropriated under par. (nc), to pay the compensation and expenses of appeal tribunals and of councils and to pay allowances stimulating education during unemployment, to be used for such purposes except as provided in s. 108.161 (3e), and to transfer to par. (nb) an amount determined by the treasurer of the unemployment reserve fund not exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule under par. (nb) .

SB255, s. 7 Section 7. 20.445 (1) (nb) of the statutes is amended to read:

SB255,11,11 20.445 (1) (nb) (title) Unemployment information technology systems tax and accounting system; federal moneys. As a continuing appropriation, the amounts in the schedule, as authorized by the governor under s. 16.54, for the purpose specified in s. 108.19 (1e). All moneys transferred from par. (n) for this purpose shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the treasurer of the unemployment reserve fund shall transfer any unencumbered balance in this appropriation account that is not needed or available to carry out the purpose of this appropriation to the appropriation account under par. (n). No moneys may be expended from this appropriation unless the treasurer of the unemployment reserve fund determines that such expenditure is currently needed for the purpose specified in s. 108.19 (1e). No moneys may be encumbered from this appropriation account after the beginning of the 3rd 12-month period beginning after May 21, 1998.

SB255, s. 8 Section 8. 20.445 (1) (nc) of the statutes is created to read:

SB255,11,17 20.445 (1) (nc) Unemployment insurance administration; special federal moneys. All moneys received from the federal government under section 903 of the federal Social Security Act, as amended, as authorized by the governor under s. 16.54, for federal fiscal years 2000, 2001 and 2002, to be used for administration of unemployment insurance.

SB255, s. 9 Section 9. 108.02 (4) of the statutes is amended to read:

SB255,11,20 108.02 (4) Base period. An employe's "base "Base period" means the period that is used to compute an employe's benefit rights under s. 108.06 consisting of the:

SB255,11,23 (a) The first 4 of the 5 most recently completed quarters preceding the employe's benefit year, which is used to compute his or her benefit rights for that year under s. 108.06.; or

SB255, s. 10 Section 10. 108.02 (4) (b) of the statutes is created to read:

SB255,12,3 108.02 (4) (b) If an employe does not qualify to receive any benefits using the period described in par. (a), the period consisting of the 4 most recently completed quarters preceding the employe's benefit year.

SB255, s. 11 Section 11. 108.02 (12) (a) of the statutes is amended to read:

SB255,12,7 108.02 (12) (a) "Employe" means any individual who is or has been performing services for an employing unit, in an employment, whether or not the individual is paid directly by such employing unit; except as provided in par. (b), (bm), (c) or (d).

SB255, s. 12 Section 12. 108.02 (12) (b) (intro.) of the statutes is amended to read:

SB255,12,16 108.02 (12) (b) (intro.) Paragraph During the period beginning on January 1, 1996, and ending on December 31, 1999, and during the period beginning on January 1, 2004, with respect to contribution requirements, and during the period beginning on January 1, 1996, and ending on April 1, 2000, and during the period beginning on April 4, 2004, with respect to benefit eligibility, par. (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:

SB255, s. 13 Section 13. 108.02 (12) (bm) of the statutes is created to read:

SB255,12,24 108.02 (12) (bm) During the 4-year period beginning on January 1, 2000, with respect to contribution requirements, and during the period beginning on April 2, 2000, and ending on April 3, 2004, with respect to benefit eligibility, par. (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 by contract and in fact:

SB255,13,2 1. The individual holds or has applied for an identification number with the federal internal revenue service.

SB255,13,6 2. The individual has filed business or self-employment income tax returns with the federal internal revenue service based on such services in the previous year or, in the case of a new business, in the year in which such services were first performed.

SB255,13,8 3. The individual maintains a separate business with his or her own office, equipment, materials and other facilities.

SB255,13,11 4. The individual operates under contracts to perform specific services for specific amounts of money and under which the individual controls the means and methods of performing such services.

SB255,13,13 5. The individual incurs the main expenses related to the services that he or she performs under contract.

SB255,13,16 6. 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.

SB255,13,19 7. 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.

SB255,13,21 8. The individual may realize a profit or suffer a loss under contracts to perform such services.

SB255,13,22 9. The individual has recurring business liabilities or obligations.

SB255,13,24 10. The success or failure of the individual's business depends on the relationship of business receipts to expenditures.

SB255, s. 14 Section 14. 108.04 (1) (b) 2. of the statutes is amended to read:

SB255,14,3 108.04 (1) (b) 2. While the employe is on a voluntary leave of absence granted for a definite period, until the period ends or until the employe returns to work, whichever occurs first, except as provided in par. (c); or

SB255, s. 15 Section 15. 108.04 (1) (c) of the statutes is created to read:

SB255,14,14 108.04 (1) (c) If a leave of absence is granted to an employe for a portion of a week, the employe's eligibility for benefits for that partial week shall be reduced by the amount of wages that the employe could have earned in his or her work had the leave not been granted. For purposes of this paragraph, the department shall treat the amount the employe would have earned as wages in that work for that week as wages earned by the employe and shall apply the method specified in s. 108.05 (3) (a) to compute the benefits payable to the employe. The department shall estimate the wages that an employe would have earned for a partial week if it is not possible to compute the exact amount of wages that the employe would have earned for that partial week.

SB255, s. 16 Section 16. 108.04 (2) (a) 1. of the statutes is amended to read:

SB255,14,17 108.04 (2) (a) 1. The individual is able to work and available for work and is seeking suitable work during that week; and

SB255, s. 17 Section 17. 108.04 (2) (a) 2. of the statutes is amended to read:

SB255,14,19 108.04 (2) (a) 2. As of that week, the individual has registered for work.; and

SB255, s. 18 Section 18. 108.04 (2) (a) 3. of the statutes is created to read:

SB255,14,25 108.04 (2) (a) 3. The individual is seeking suitable work during that week or, during the 104-week period beginning on the effective date of this subdivision .... [revisor inserts date], the individual conducts a reasonable search for suitable work during that week. The work search required under this subdivision must include 2 actions that constitute a reasonable search as prescribed by rule of the department.

SB255, s. 19 Section 19. 108.04 (5) of the statutes is amended to read:

SB255,15,24 108.04 (5) Discharge for misconduct. An employe whose work is terminated by an employing unit for misconduct connected with the employe'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 employe earns wages after the week in which the discharge occurs equal to at least 14 times the employe'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 employe's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to an employe by an employer which terminates employment of the employe for misconduct connected with the employe's employment shall be excluded from the employe's base period wages under s. 108.06 (1) for purposes of benefit entitlement. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes misconduct. This subsection does not preclude an employe who has employment with an employer other than the employer which terminated the employe for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employe 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.

SB255, s. 20 Section 20. 108.04 (6) of the statutes is amended to read:

SB255,16,12 108.04 (6) Disciplinary suspension. An employe whose work is suspended by an employing unit for good cause connected with the employe's work is ineligible to receive benefits until 3 weeks have elapsed since the end of the week in which the suspension occurs or until the suspension is terminated, whichever occurs first. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes good cause for suspension. This subsection does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this subsection if the employe qualifies to establish a benefit year under s. 108.06 (2) (a).

SB255, s. 21 Section 21. 108.04 (7) (title) of the statutes is amended to read:

SB255,16,14 108.04 (7) (title) Voluntary termination of employment work.

SB255, s. 22 Section 22. 108.04 (7) (b) of the statutes is amended to read:

SB255,16,22 108.04 (7) (b) Paragraph (a) does not apply if the department determines that the employe terminated his or her work with good cause attributable to the employing unit. In this paragraph, "good cause" includes, but is not limited to, a request, suggestion or directive by the employing unit that the employe violate federal or Wisconsin law, or sexual harassment, as defined in s. 111.32 (13), by an employing unit or employing unit's agent or a co-worker, of which the employer knew or should have known but failed to take timely and appropriate corrective action.

SB255, s. 23 Section 23. 108.04 (7) (cm) of the statutes is created to read:

SB255,17,7 108.04 (7) (cm) Paragraph (a) does not apply if an employe is hired to work a particular shift and if the department determines that the employe terminated his or her work as the result of a requirement by his or her employing unit to transfer his or her working hours to a shift occurring at a time that would result in a lack of child care for his or her minor children, provided that the employe is able to work and available for full-time work during the same shift that the employe worked in the employe's most recent work with that employing unit. For purposes of sub. (2) (a), such an employe is not deemed unavailable for work solely for refusing to work a shift other than the one for which the employe was hired.

SB255, s. 24 Section 24. 108.04 (7) (h) of the statutes is amended to read:

SB255,17,13 108.04 (7) (h) The department shall charge to the fund's balancing account benefits paid to an employe 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 employe voluntarily terminates employment with that employer and par. (a), (c), (d), (e), (k), (L), (o), (p) or, (q) or (s) applies.

SB255, s. 25 Section 25. 108.04 (7) (i) of the statutes is repealed.

SB255, s. 26 Section 26. 108.04 (7) (s) of the statutes is created to read:

SB255,17,16 108.04 (7) (s) 1. In this paragraph:

SB255,17,21 a. "Domestic abuse" means physical abuse, including a violation of s. 940.225 (1), (2) or (3), or a threat of physical abuse by an adult family or adult household member against another family or household member; by an adult person against his or her spouse or former spouse; or by an adult person against a person with whom the person has a child in common.

SB255,17,23 b. "Family member" means a spouse, parent, child or person related by consanguinity to another person.

SB255,17,25 c. "Household member" means a person who is currently or formerly residing in a place of abode with another person.

SB255,18,1 2. Paragraph (a) does not apply if the employe:

SB255,18,5 a. Terminates his or her work due to domestic abuse, concerns about personal safety or harassment, concerns about the safety or harassment of his or her family members who reside with the employe or concerns about the safety or harassment of other household members;

SB255,18,8 b. Prior to termination of his or her employment, obtains a temporary restraining order or an injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127, or has a foreign protection order recognized under s. 813.128; and

SB255,18,10 c. Demonstrates to the department that the order has been or is reasonably likely to be violated.

SB255, s. 27 Section 27. 108.04 (11) (cm) of the statutes is created to read:

SB255,18,16 108.04 (11) (cm) Any person who makes a false statement or representation in order to obtain benefits in the name of another person may, by a determination or decision issued under s. 108.095, be required to repay the amount of the benefits obtained and be assessed an administrative assessment in an additional amount equal to not more than 50% of the amount of benefits obtained.

SB255, s. 28 Section 28. 108.04 (11) (d) of the statutes is amended to read:

SB255,18,21 108.04 (11) (d) In addition to other remedies, the department may, by civil action, recover any benefits obtained by means of any false statement or representation or any administrative assessment imposed under par. (cm). Chapter 778 does not apply to collection of any benefits or assessment under this paragraph.

SB255, s. 29 Section 29. 108.04 (13) (d) of the statutes is amended to read:

SB255,19,2 108.04 (13) (d) 1. If the department finds that any benefits charged to an employer's account have been erroneously paid to an employe without fault by the employer, the department shall notify the employe and the employer of the erroneous payment.

SB255,19,5 2. If recovery of an overpayment is permitted under s. 108.22 (8) (c) and benefits are currently payable to the employe from the employer's account, the department may correct the error by adjusting the benefits accordingly.

SB255,19,9 3. To correct any erroneous payment not so adjusted , whenever recovery of an overpayment is permitted under s. 108.22 (8) (c) that was charged to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall:

SB255,19,15 a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account, and shall thereafter reimburse the balancing account by crediting to it benefits which would otherwise be payable to, or cash recovered from, the employe, unless the employer is a government unit or nonprofit organization which has elected reimbursement financing. or;

SB255,19,19 4. To correct any erroneous payment not so adjusted from the account of an employer which is a government unit or a nonprofit organization and which has elected reimbursement financing, whenever recovery of an overpayment is permitted under s. 108.22 (8) (c), the department shall:

SB255,19,22 a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), credit to the account benefits which would otherwise be payable to, or cash received from, the employe; or

SB255,19,25 b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount in accordance with s. 108.07 (5).

SB255, s. 30 Section 30. 108.04 (13) (d) 3. b. of the statutes is created to read:

SB255,20,4 108.04 (13) (d) 3. b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account unless s. 108.07 (5) (c) applies.

SB255, s. 31 Section 31. 108.05 (1) (h) and (i) of the statutes are repealed.

SB255, s. 32 Section 32. 108.05 (1) (j) (intro.) of the statutes is amended to read:

SB255,20,20 108.05 (1) (j) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 3, 1999, and before April 2, 2000, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (j) following]