SB189,25,94 (e) A claimant who is otherwise eligible for benefits under par. (b) and whose
5applicable benefit year ends in a week in which benefits are payable in this state
6under s. 108.141 or 108.142, or P.L. 110-252 or P.L. 110-449, as amended, or another
7similar state or federal program of additional benefits, is also eligible for benefits
8under this subsection if the claimant is first enrolled in a training program within
952 weeks after the end of the claimant's applicable benefit year.
SB189,25,1210 (f) No benefits may be paid to a claimant under this subsection for weeks
11beginning more than 52 weeks after the first week for which the claimant received
12benefits under this subsection.
SB189,25,1613 (g) Except when the result would be inconsistent with the other provisions of
14this subsection, the provisions of this chapter that apply to claims for, or the payment
15of, regular benefits apply to claims for, and the payment of, benefits under this
16subsection.
SB189,25,1817 (h) The occupations that qualify as declining or high-demand for purposes of
18this subsection shall be determined by the department.
SB189,25,2119 (i) The restrictions on benefit reductions and disqualifications in s. 108.04 (16)
20apply to a claimant in a training program who is entitled to receive benefits under
21this subsection.
SB189,25,2322 (j) The department shall charge benefits paid under this subsection in the same
23manner as benefits are charged under s. 108.04 (16).
SB189, s. 55 24Section 55. 108.14 (8n) (e) of the statutes is amended to read:
SB189,26,14
1108.14 (8n) (e) The department shall charge this state's share of any benefits
2paid under this subsection to the account of each employer by which the employee
3claiming benefits was employed in the applicable base period, in proportion to the
4total amount of wages he or she earned from each employer in the base period, except
5that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p) or, (q), (s), or (t), (7m) or
6(8) (a) or 108.07 (3), (3r), (5) (b) or (8) would have applied to employment by such an
7employer who is subject to the contribution requirements of ss. 108.17 and 108.18,
8the department shall charge the share of benefits based on employment with that
9employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
10would have applied to an employer that is not subject to the contribution
11requirements of ss. 108.17 and 108.18, the department shall charge the share of
12benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The
13department shall also charge the fund's balancing account with any other state's
14share of such benefits pending reimbursement by that state.
SB189, s. 56 15Section 56. 108.141 (1) (a) and (b) 2. of the statutes are amended to read:
SB189,27,316 108.141 (1) (a) "Eligibility period" of an individual means the period consisting
17of the weeks each week in the individual's benefit year which begin begins in an
18extended benefit period and, if the individual's benefit year ends within such that
19extended benefit period, any weeks each week thereafter which begin begins in such
20a period. For weeks of unemployment beginning on or after February 17, 2009, and
21ending before June 1, 2010, or the last week for which federal sharing is authorized
22by section 2005 (a) of P.L. 111-5 and any amendments thereto, whichever is later,
23"eligibility period" also means the period consisting of each week during which an
24individual is eligible for emergency unemployment compensation under P.L.
25110-252 and P.L. 110-449, or any amendments thereto, and if that week begins in

1an extended benefit period or if an individual's eligibility for benefits under P.L.
2110-252 and P.L. 110-449, or any amendment thereto, ends within an extended
3benefit period, each week thereafter which begins in that extended benefit period.
SB189,27,64 (b) 2. His or her benefit year having expired in the extended benefit period and
5prior to such week, lacks base period wages on the basis of which he or she could
6establish a benefit year under s. 108.06; and or
SB189, s. 57 7Section 57. 108.141 (1) (b) 2m. of the statutes is created to read:
SB189,27,148 108.141 (1) (b) 2m. For weeks of unemployment beginning after February 17,
92009, and ending before June 1, 2010, or with the last week for which federal sharing
10is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto,
11whichever is later, has exhausted federal emergency unemployment compensation
12under P.L. 110-252 and P.L. 110-449, and any amendments thereto, within an
13extended benefit period that began in a week during or before which the individual
14has exhausted that emergency unemployment compensation; and
SB189, s. 58 15Section 58. 108.141 (1) (dm) of the statutes is created to read:
SB189,27,1816 108.141 (1) (dm) "High unemployment period" means a period during which
17an extended benefit period would be in effect if par. (f) 3. a. were applied by
18substituting an average rate of total unemployment that equals or exceeds 8 percent.
SB189, s. 59 19Section 59. 108.141 (1) (e) of the statutes, as affected by 2009 Wisconsin Act
201
, is repealed and recreated to read:
SB189,27,2321 108.141 (1) (e) There is a Wisconsin "off" indicator for a week if, for the period
22consisting of that week and the immediately preceding 12 weeks, there is not a
23Wisconsin "on" indicator.
SB189, s. 60 24Section 60. 108.141 (1) (f) of the statutes is repealed and recreated to read:
SB189,27,2525 108.141 (1) (f) There is a Wisconsin "on" indicator for a week if:
SB189,28,4
11. The rate of insured unemployment for the period consisting of that week and
2the immediately preceding 12 weeks equaled or exceeded 120 percent of the average
3of such rates for the corresponding 13-week period ending in each of the preceding
42 calendar years, and equaled or exceeded 5 percent; or
SB189,28,75 2. The rate of insured unemployment for the period consisting of that week and
6the immediately preceding 12 weeks equaled or exceeded 6 percent, regardless of the
7rate of insured unemployment in the 2 preceding calendar years; or
SB189,28,118 3. With respect to weeks of unemployment beginning on or after February 17,
92009, and ending with the week ending 3 weeks prior to the last week in which
10federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments
11thereto:
SB189,28,1512 a. The average rate of total unemployment, seasonally adjusted, as determined
13by the U.S. secretary of labor, for the period consisting of the most recent 3 months
14for which data for all states are published before the close of that week equals or
15exceeds 6.5 percent; and
SB189,28,2016 b. The average rate of total unemployment in this state, seasonally adjusted,
17as determined by the U.S. secretary of labor for the period consisting of the most
18recent 3 months for which data for all states are published before the close of that
19week equals or exceeds 110 percent of the average for either or both of the
20corresponding 3-month periods ending in the 2 preceding calendar years.
SB189, s. 61 21Section 61. 108.141 (5) of the statutes is repealed and recreated to read:
SB189,28,2422 108.141 (5) Total extended benefit amount. (a) Except as provided in pars.
23(b) and (c), the total extended benefit amount payable to an eligible individual in his
24or her benefit year is the least of the following amounts:
SB189,29,3
11. Fifty percent of the total amount of regular benefits that were payable to the
2individual in the individual's most recent benefit year rounded down to the nearest
3dollar, including benefits canceled under s. 108.04 (5); or
SB189,29,44 2. Thirteen times the individual's weekly benefit amount.
SB189,29,95 (b) The total extended benefit amount payable to an individual in his or her
6benefit year shall be reduced by the total amount of additional benefits paid or
7treated as paid under s. 108.142 for weeks of unemployment in the individual's
8benefit year that began prior to the beginning of the extended benefit period that is
9in effect in the week in which the individual first claims extended benefits.
SB189,29,1210 (c) Except as provided in par. (b), effective with respect to weeks beginning in
11a high unemployment period, the total extended benefit amount payable to an
12individual in his or her benefit year is the least of the following amounts:
SB189,29,1513 1. Eighty percent of the total amount of regular benefits that were payable to
14the individual in the individual's most recent benefit year rounded down to the
15nearest dollar, including benefits canceled under s. 108.04 (5); or
SB189,29,1616 2. Twenty times the individual's weekly benefit amount.
SB189, s. 62 17Section 62. 108.141 (7) (a) of the statutes is amended to read:
SB189,29,2418 108.141 (7) (a) The department shall charge the state's share of each week of
19extended benefits to each employer's account in proportion to the employer's share
20of the total wages of the employee receiving the benefits in the employee's base
21period, except that if the employer is subject to the contribution requirements of ss.
22108.17 and 108.18 the department shall charge the share of extended benefits to
23which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p) or, (q), (s), or (t), (7m) or
24(8) (a) or 108.07 (3), (3r), (5) (b) or (8) applies to the fund's balancing account.
SB189, s. 63 25Section 63. 118.125 (2) (g) 2. of the statutes is amended to read:
SB189,30,6
1118.125 (2) (g) 2. Upon request by the department, the school board shall
2provide the department with any information contained in a pupil record that relates
3to an audit or evaluation of a federal or state-supported program or that is required
4to determine compliance with requirements under chs. 115 to 121. The department
5shall keep confidential all pupil records provided to the department by a school
6board.
SB189, s. 64 7Section 64. 149.10 (2t) (e) of the statutes is amended to read:
SB189,30,118 149.10 (2t) (e) If the individual was offered the option of continuation coverage
9under a federal continuation provision or similar state program, including under
102009 Wisconsin Act .... (this act), section 9126 (2 ),
the individual elected the
11continuation coverage.
SB189, s. 65 12Section 65. 560.799 (1) (am) of the statutes is created to read:
SB189,30,1613 560.799 (1) (am) 1. Except as provided in subd. 2., "full-time employee" means
14an individual who is employed in a regular, nonseasonal job and who, as a condition
15of employment, is required to work at least 2,080 hours per year, including paid leave
16and holidays.
SB189,30,2217 2. The department may by rule specify circumstances under which the
18department may grant exceptions to the requirement under subd. 1. that a full-time
19employee means an individual who, as a condition of employment, is required to work
20at least 2,080 hours per year, but under no circumstances may a full-time employee
21mean an individual who, as a condition of employment, is required to work less than
2237.5 hours per week.
SB189, s. 66 23Section 66. 560.799 (3) (a) of the statutes is amended to read:
SB189,31,3
1560.799 (3) (a) The department may designate not more than 10 enterprise
2zones. The department may designate an area as an enterprise zone if the area does
3not exceed 50 acres.
SB189, s. 67 4Section 67. 560.799 (3) (b) of the statutes is renumbered 560.799 (3) (b) (intro.)
5and amended to read:
SB189,31,76 560.799 (3) (b) (intro.) In determining whether to designate an area under par.
7(a), the department shall consider all of the following:
SB189,31,11 81. Indicators of the area's economic need, which may include data regarding
9household income, average wages, the condition of property, housing values,
10population decline, job losses, infrastructure and energy support, the rate of business
11development, and the existing resources available to the area; the.
SB189,31,14 122. The effect of designation on other initiatives and programs to promote
13economic and community development in the area, including job retention, job
14creation and, job training, and creating high-paying jobs.
SB189, s. 68 15Section 68. 560.799 (3) (bm) of the statutes is created to read:
SB189,31,1816 560.799 (3) (bm) The department shall specify whether an enterprise zone
17designated under par. (a) is located in a tier I county or municipality or a tier II county
18or municipality.
SB189, s. 69 19Section 69. 560.799 (5) (d) of the statutes is created to read:
SB189,31,2220 560.799 (5) (d) A business that retains jobs in an enterprise zone, but only if
21the business makes a significant capital investment in property located in the
22enterprise zone and at least one of the following applies:
SB189,31,2423 1. The business is an original equipment manufacturer with a significant
24supply chain in the state, as determined by the department by rule.
SB189,32,2
12. More than 500 full-time employees are employed by the business in the
2enterprise zone.
SB189, s. 70 3Section 70. 560.799 (6) (g) of the statutes is created to read:
SB189,32,44 560.799 (6) (g) The department shall promulgate the following by rule:
SB189,32,75 1. The definitions of a tier I county or municipality and a tier II county or
6municipality. The department may consider all of the following information when
7establishing the definitions required under this subdivision:
SB189,32,88 a. Unemployment rate.
SB189,32,109 b. Percentage of families with incomes below the poverty line established under
1042 USC 9902 (2).
SB189,32,1111 c. Median family income.
SB189,32,1212 d. Median per capita income.
SB189,32,1413 e. Other significant or irregular indicators of economic distress, such as a
14natural disaster or mass layoff.
SB189,32,1615 2. The definition of an original equipment manufacturer with a significant
16supply chain in the state.
SB189, s. 71 17Section 71. 632.746 (3) (b) of the statutes is amended to read:
SB189,33,218 632.746 (3) (b) With respect to enrollment of an individual under a group health
19plan or a group health benefit plan, a period of creditable coverage after which the
20individual was not covered under any creditable coverage for a period of at least 63
21days before enrollment in the group health plan or group health benefit plan may not
22be counted. For purposes of this paragraph, the period specified in 2009 Wisconsin
23Act .... (this act), section 9126 (2 ) (i), or
any waiting period or affiliation period for
24coverage under the group health plan or group health benefit plan shall not be taken

1into account in determining the period before enrollment in the group health plan
2or group health benefit plan.
SB189, s. 9110 3Section 9110. Nonstatutory provisions; Commerce.
SB189,33,144 (1) Enterprise zone jobs credit; emergency rules. The department of
5commerce may use the procedure under section 227.24 of the statutes to promulgate
6rules under section 560.799 (6) (g) of the statutes, as created by this act.
7Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules
8promulgated under this subsection remain in effect until July 1, 2010, or the date on
9which permanent rules take effect, whichever is sooner. Notwithstanding section
10227.24 (1) (a) and (3) of the statutes, the department is not required to provide
11evidence that promulgating a rule under this subsection as an emergency rule is
12necessary for the preservation of the public peace, health, safety, or welfare and is
13not required to provide a finding of emergency for a rule promulgated under this
14subsection.
SB189,33,2215 (2) Enterprise zone jobs credit; economic impact report. Notwithstanding
16sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration
17requires the department of commerce to prepare an economic impact report for the
18rules required under section 560.799 (6) (g) of the statutes, as created by this act, the
19department may submit the proposed rules to the legislature for review under
20section 227.19 (2) of the statutes before the department completes the economic
21impact report and before the department receives a copy of the report and approval
22under section 227.138 (2) of the statutes.
SB189, s. 9126 23Section 9126. Nonstatutory provisions; Insurance.
SB189,33,2424 (1) Definitions. In this section, unless the context requires otherwise:
SB189,34,2
1(a) "Covered employee" means a person who was previously covered under an
2employer's group policy.
SB189,34,43 (b) "Federal act" means the American Recovery and Reinvestment Act of 2009,
4P.L. 111-5.
SB189,34,65 (c) "Group policy" has the meaning given in section 632.897 (1) (c) 1., 2., and
63. of the statutes.
SB189,34,97 (d) "Insurer" includes an insurer that issues a group policy that replaces or
8succeeds a group policy in effect on the date that a terminated insured is first entitled
9to elect continuation of coverage.
SB189,34,1110 (e) "State eligible individual" means a covered employee, or the spouse or
11dependent of a covered employee, to whom all of the following apply:
SB189,34,15 121. The covered employee's employment is involuntarily terminated during the
13period that begins on September 1, 2008, and ends on December 31, 2009, and that
14involuntary termination is the qualifying event for continuation of coverage for the
15covered employee or the spouse or dependent of the covered employee.
SB189,34,19 162. The covered employee or spouse or dependent of the covered employee is not
17eligible for continuation of coverage under a federal continuation provision, as
18defined in section 632.745 (8) of the statutes, and becomes eligible for continuation
19of coverage under section 632.897 of the statutes during any of the following:
SB189,34,21 20a. The period that begins on September 1, 2008, and ends before the effective
21date of this subdivision 2. a.
SB189,34,23 22b. The period that begins on the effective date of this subdivision 2. b . and ends
23before January 1, 2010.
SB189,34,2524 (f) "Terminated insured" has the meaning given in section 632.897 (1) (f) of the
25statutes.
SB189,35,2
1(2) Additional continuation coverage election opportunity for state
2eligible individuals eligible prior to the effective date of this subsection.
SB189,35,83 (a) Notwithstanding section 632.897 (2) (d) and (3) (a) of the statutes, an
4insurer shall permit a terminated insured, on behalf of a state eligible individual who
5became eligible during the period described under subsection (1) (e ) 2. a . and who
6does not have continuation coverage on the effective date of this paragraph, to elect
7continuation of coverage during a 60-day period beginning on the date of the notice
8required to be provided under paragraph (b ) or (c).
SB189,35,159 (b) An employer of a terminated insured who may elect continuation of
10coverage for a state eligible individual described in paragraph (a) shall provide notice
11to the terminated insured that he or she has the right to elect continuation of
12coverage for the state eligible individual, regardless of whether the employer has
13already provided notice to the individual under section 632.897 (2) (d) of the statutes,
14subject to paragraph (g) 1. The notice under this paragraph must satisfy all of the
15following requirements:
SB189,35,17 161. The notice must be provided no later than 10 days after the effective date of
17this subdivision.
SB189,35,20 182. The notice must include information substantially in the form and be
19provided in the manner required for the notice required under section 3001 (a) (7)
20of the federal act.
SB189,35,22 213. The notice form must be modified appropriately to reflect that the right to
22elect continuation of coverage is governed by this subsection.
SB189,35,25 234. The notice must include a description of the individual's right to, and the
24effect of, electing continuation of coverage under this subsection and under section
25632.897 of the statutes.
SB189,36,5
1(c) If an employer that is required to provide the notice under paragraph (b)
2fails to provide the notice required under paragraph (b ), the insurer that would be
3responsible for providing continuation of coverage to the state eligible individual if
4the terminated insured were to elect continuation of coverage on behalf of the state
5eligible individual shall provide the notice specified in paragraph (b).
SB189,36,96 (d) The notice under paragraph (b) or (c) is not effective, and the 60-day period
7for electing continuation of coverage does not commence, unless the notice under
8paragraph (b) or (c) is provided and contains the information required under
9paragraph (b).
SB189,36,1710 (e) For a state eligible individual who became eligible for continuation of
11coverage under section 632.897 of the statutes before February 17, 2009, and who did
12not have continuation of coverage on February 17, 2009, continuation of coverage
13that is elected under this subsection shall be effective as of the date of the first
14coverage period after February 17, 2009, and is not required to extend beyond the
15period of coverage that would have been required under section 632.897 of the
16statutes had the individual elected continuation of coverage when originally eligible
17instead of under this subsection.
Loading...
Loading...