SB189: Bill Text

SB189,27,6 (b) 2. His or her benefit year having expired in the extended benefit period and prior to such week, lacks base period wages on the basis of which he or she could establish a benefit year under s. 108.06; and or

SB189, s. 57 Section 57. 108.141 (1) (b) 2m. of the statutes is created to read:

SB189,27,14 108.141 (1) (b) 2m. For weeks of unemployment beginning after February 17, 2009, and ending before June 1, 2010, or with the last week for which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto, whichever is later, has exhausted federal emergency unemployment compensation under P.L. 110-252 and P.L. 110-449, and any amendments thereto, within an extended benefit period that began in a week during or before which the individual has exhausted that emergency unemployment compensation; and

SB189, s. 58 Section 58. 108.141 (1) (dm) of the statutes is created to read:

SB189,27,18 108.141 (1) (dm) "High unemployment period" means a period during which an extended benefit period would be in effect if par. (f) 3. a. were applied by substituting an average rate of total unemployment that equals or exceeds 8 percent.

SB189, s. 59 Section 59. 108.141 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 1, is repealed and recreated to read:

SB189,27,23 108.141 (1) (e) There is a Wisconsin "off" indicator for a week if, for the period consisting of that week and the immediately preceding 12 weeks, there is not a Wisconsin "on" indicator.

SB189, s. 60 Section 60. 108.141 (1) (f) of the statutes is repealed and recreated to read:

SB189,27,25 108.141 (1) (f) There is a Wisconsin "on" indicator for a week if:

SB189,28,4 1. The rate of insured unemployment for the period consisting of that week and the immediately preceding 12 weeks equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded 5 percent; or

SB189,28,7 2. The rate of insured unemployment for the period consisting of that week and the immediately preceding 12 weeks equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the 2 preceding calendar years; or

SB189,28,11 3. With respect to weeks of unemployment beginning on or after February 17, 2009, and ending with the week ending 3 weeks prior to the last week in which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto:

SB189,28,15 a. The average rate of total unemployment, seasonally adjusted, as determined by the U.S. secretary of labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 6.5 percent; and

SB189,28,20 b. The average rate of total unemployment in this state, seasonally adjusted, as determined by the U.S. secretary of labor for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.

SB189, s. 61 Section 61. 108.141 (5) of the statutes is repealed and recreated to read:

SB189,28,24 108.141 (5) Total extended benefit amount. (a) Except as provided in pars. (b) and (c), the total extended benefit amount payable to an eligible individual in his or her benefit year is the least of the following amounts:

SB189,29,3 1. Fifty percent of the total amount of regular benefits that were payable to the individual in the individual's most recent benefit year rounded down to the nearest dollar, including benefits canceled under s. 108.04 (5); or

SB189,29,4 2. Thirteen times the individual's weekly benefit amount.

SB189,29,9 (b) The total extended benefit amount payable to an individual in his or her benefit year shall be reduced by the total amount of additional benefits paid or treated as paid under s. 108.142 for weeks of unemployment in the individual's benefit year that began prior to the beginning of the extended benefit period that is in effect in the week in which the individual first claims extended benefits.

SB189,29,12 (c) Except as provided in par. (b), effective with respect to weeks beginning in a high unemployment period, the total extended benefit amount payable to an individual in his or her benefit year is the least of the following amounts:

SB189,29,15 1. Eighty percent of the total amount of regular benefits that were payable to the individual in the individual's most recent benefit year rounded down to the nearest dollar, including benefits canceled under s. 108.04 (5); or

SB189,29,16 2. Twenty times the individual's weekly benefit amount.

SB189, s. 62 Section 62. 108.141 (7) (a) of the statutes is amended to read:

SB189,29,24 108.141 (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) or, (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), (5) (b) or (8) applies to the fund's balancing account.

SB189, s. 63 Section 63. 118.125 (2) (g) 2. of the statutes is amended to read:

SB189,30,6 118.125 (2) (g) 2. Upon request by the department, the school board shall provide the department with any information contained in a pupil record that relates to an audit or evaluation of a federal or state-supported program or that is required to determine compliance with requirements under chs. 115 to 121. The department shall keep confidential all pupil records provided to the department by a school board.

SB189, s. 64 Section 64. 149.10 (2t) (e) of the statutes is amended to read:

SB189,30,11 149.10 (2t) (e) If the individual was offered the option of continuation coverage under a federal continuation provision or similar state program, including under 2009 Wisconsin Act .... (this act), section 9126 (2 ), the individual elected the continuation coverage.

SB189, s. 65 Section 65. 560.799 (1) (am) of the statutes is created to read:

SB189,30,16 560.799 (1) (am) 1. Except as provided in subd. 2., "full-time employee" means an individual who is employed in a regular, nonseasonal job and who, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.

SB189,30,22 2. The department may by rule specify circumstances under which the department may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time employee mean an individual who, as a condition of employment, is required to work less than 37.5 hours per week.

SB189, s. 66 Section 66. 560.799 (3) (a) of the statutes is amended to read:

SB189,31,3 560.799 (3) (a) The department may designate not more than 10 enterprise zones. The department may designate an area as an enterprise zone if the area does not exceed 50 acres.

SB189, s. 67 Section 67. 560.799 (3) (b) of the statutes is renumbered 560.799 (3) (b) (intro.) and amended to read:

SB189,31,7 560.799 (3) (b) (intro.) In determining whether to designate an area under par. (a), the department shall consider all of the following:

SB189,31,11 1. Indicators of the area's economic need, which may include data regarding household income, average wages, the condition of property, housing values, population decline, job losses, infrastructure and energy support, the rate of business development, and the existing resources available to the area; the.

SB189,31,14 2. The effect of designation on other initiatives and programs to promote economic and community development in the area, including job retention, job creation and, job training, and creating high-paying jobs.

SB189, s. 68 Section 68. 560.799 (3) (bm) of the statutes is created to read:

SB189,31,18 560.799 (3) (bm) The department shall specify whether an enterprise zone designated under par. (a) is located in a tier I county or municipality or a tier II county or municipality.

SB189, s. 69 Section 69. 560.799 (5) (d) of the statutes is created to read:

SB189,31,22 560.799 (5) (d) A business that retains jobs in an enterprise zone, but only if the business makes a significant capital investment in property located in the enterprise zone and at least one of the following applies:

SB189,31,24 1. The business is an original equipment manufacturer with a significant supply chain in the state, as determined by the department by rule.

SB189,32,2 2. More than 500 full-time employees are employed by the business in the enterprise zone.

SB189, s. 70 Section 70. 560.799 (6) (g) of the statutes is created to read:

SB189,32,4 560.799 (6) (g) The department shall promulgate the following by rule:

SB189,32,7 1. The definitions of a tier I county or municipality and a tier II county or municipality. The department may consider all of the following information when establishing the definitions required under this subdivision:

SB189,32,8 a. Unemployment rate.

SB189,32,10 b. Percentage of families with incomes below the poverty line established under 42 USC 9902 (2).

SB189,32,11 c. Median family income.

SB189,32,12 d. Median per capita income.

SB189,32,14 e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.

SB189,32,16 2. The definition of an original equipment manufacturer with a significant supply chain in the state.

SB189, s. 71 Section 71. 632.746 (3) (b) of the statutes is amended to read:

SB189,33,2 632.746 (3) (b) With respect to enrollment of an individual under a group health plan or a group health benefit plan, a period of creditable coverage after which the individual was not covered under any creditable coverage for a period of at least 63 days before enrollment in the group health plan or group health benefit plan may not be counted. For purposes of this paragraph, the period specified in 2009 Wisconsin Act .... (this act), section 9126 (2 ) (i), or any waiting period or affiliation period for coverage under the group health plan or group health benefit plan shall not be taken into account in determining the period before enrollment in the group health plan or group health benefit plan.

SB189, s. 9110 Section 9110. Nonstatutory provisions; Commerce.

SB189,33,14 (1) Enterprise zone jobs credit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.799 (6) (g) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB189,33,22 (2) Enterprise zone jobs credit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.799 (6) (g) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

SB189, s. 9126 Section 9126. Nonstatutory provisions; Insurance.

SB189,33,24 (1) Definitions. In this section, unless the context requires otherwise:

SB189,34,2 (a) "Covered employee" means a person who was previously covered under an employer's group policy.

SB189,34,4 (b) "Federal act" means the American Recovery and Reinvestment Act of 2009, P.L. 111-5.

SB189,34,6 (c) "Group policy" has the meaning given in section 632.897 (1) (c) 1., 2., and 3. of the statutes.

SB189,34,9 (d) "Insurer" includes an insurer that issues a group policy that replaces or succeeds a group policy in effect on the date that a terminated insured is first entitled to elect continuation of coverage.

SB189,34,11 (e) "State eligible individual" means a covered employee, or the spouse or dependent of a covered employee, to whom all of the following apply:

SB189,34,15 1. The covered employee's employment is involuntarily terminated during the period that begins on September 1, 2008, and ends on December 31, 2009, and that involuntary termination is the qualifying event for continuation of coverage for the covered employee or the spouse or dependent of the covered employee.

SB189,34,19 2. The covered employee or spouse or dependent of the covered employee is not eligible for continuation of coverage under a federal continuation provision, as defined in section 632.745 (8) of the statutes, and becomes eligible for continuation of coverage under section 632.897 of the statutes during any of the following:

SB189,34,21 a. The period that begins on September 1, 2008, and ends before the effective date of this subdivision 2. a.

SB189,34,23 b. The period that begins on the effective date of this subdivision 2. b . and ends before January 1, 2010.

SB189,34,25 (f) "Terminated insured" has the meaning given in section 632.897 (1) (f) of the statutes.

SB189,35,2 (2) Additional continuation coverage election opportunity for state eligible individuals eligible prior to the effective date of this subsection.

SB189,35,8 (a) Notwithstanding section 632.897 (2) (d) and (3) (a) of the statutes, an insurer shall permit a terminated insured, on behalf of a state eligible individual who became eligible during the period described under subsection (1) (e ) 2. a . and who does not have continuation coverage on the effective date of this paragraph, to elect continuation of coverage during a 60-day period beginning on the date of the notice required to be provided under paragraph (b ) or (c).

SB189,35,15 (b) An employer of a terminated insured who may elect continuation of coverage for a state eligible individual described in paragraph (a) shall provide notice to the terminated insured that he or she has the right to elect continuation of coverage for the state eligible individual, regardless of whether the employer has already provided notice to the individual under section 632.897 (2) (d) of the statutes, subject to paragraph (g) 1. The notice under this paragraph must satisfy all of the following requirements:

SB189,35,17 1. The notice must be provided no later than 10 days after the effective date of this subdivision.

SB189,35,20 2. The notice must include information substantially in the form and be provided in the manner required for the notice required under section 3001 (a) (7) of the federal act.

SB189,35,22 3. The notice form must be modified appropriately to reflect that the right to elect continuation of coverage is governed by this subsection.

SB189,35,25 4. The notice must include a description of the individual's right to, and the effect of, electing continuation of coverage under this subsection and under section 632.897 of the statutes.

SB189,36,5 (c) If an employer that is required to provide the notice under paragraph (b) fails to provide the notice required under paragraph (b ), the insurer that would be responsible for providing continuation of coverage to the state eligible individual if the terminated insured were to elect continuation of coverage on behalf of the state eligible individual shall provide the notice specified in paragraph (b).

SB189,36,9 (d) The notice under paragraph (b) or (c) is not effective, and the 60-day period for electing continuation of coverage does not commence, unless the notice under paragraph (b) or (c) is provided and contains the information required under paragraph (b).

SB189,36,17 (e) For a state eligible individual who became eligible for continuation of coverage under section 632.897 of the statutes before February 17, 2009, and who did not have continuation of coverage on February 17, 2009, continuation of coverage that is elected under this subsection shall be effective as of the date of the first coverage period after February 17, 2009, and is not required to extend beyond the period of coverage that would have been required under section 632.897 of the statutes had the individual elected continuation of coverage when originally eligible instead of under this subsection.

SB189,36,25 (f) For a state eligible individual who became eligible for continuation of coverage under section 632.897 of the statutes on or after February 17, 2009, but before the effective date of this paragraph, continuation of coverage that is elected under this subsection shall commence on the date the state eligible individual was originally eligible and coverage is not required to extend beyond the period of coverage that would have been required under section 632.897 of the statutes had the individual elected continuation of coverage when originally eligible instead of under this subsection.

SB189,37,3 (g) 1. Paragraphs (a) and (b) do not apply to a state eligible individual if the employer or insurer provided a notice under section 632.897 (2) (d) of the statutes that included the information required under paragraph (b).

SB189,37,7 2. If an employer or insurer provided notice that complies with paragraph (b ) before the effective date of this subdivision, the notice is effective for the purpose of this section and the 60-day period under paragraph (a ) begins on the date the notice was provided.

SB189,37,10 (h) An individual who elects continuation of coverage under this subsection shall have elected continuation of coverage for the purpose of section 149.10 (2t) (e) of the statutes, as affected by this act.

SB189,37,16 (i) For an individual who elects continuation of coverage under this subsection, the period, if any, from the date of the termination of the individual's coverage as a result of the qualifying event under section 632.897 (2) (b) of the statutes to the commencement of continuation of coverage under this subsection shall be disregarded for the purpose of determining the 63-day period under section 632.746 (3) (b) of the statutes, as affected by this act.

SB189,37,24 (3) Notice for state eligible individuals eligible beginning on the effective date of this subsection. An employer of a terminated insured who may elect continuation of coverage for a state eligible individual who becomes eligible for continuation of coverage under section 632.897 of the statutes during the period under subsection (1) (e) 2 . b. shall provide notice under section 632.897 (2) (d) of the statutes, except that the notice must include information substantially in the form and be provided in the manner required for the notice under section 3001 (a) (7) of the federal act.

SB189,37,25 (4) Continuation coverage rules.

SB189,38,8 (a) Notwithstanding section 632.897 of the statutes and subsections (1), (2 ), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.

SB189,38,17 (b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB189, s. 9137 Section 9137. Nonstatutory provisions; Natural Resources.