SB649, s. 11 5Section 11. 108.02 (15) (f) 6. of the statutes is amended to read:
SB649,11,96 108.02 (15) (f) 6. In a position which, under or pursuant to the laws of this state,
7or of an Indian tribe, is designated as a major nontenured policymaking or advisory
8position, or is designated as a policymaking or advisory position the performance of
9the duties of which does not ordinarily require more than 8 hours per week.
SB649, s. 12 10Section 12. 108.02 (15) (g) 1. of the statutes is amended to read:
SB649,11,1511 108.02 (15) (g) 1. By an individual receiving work relief or work training as part
12of an unemployment work-relief or work-training program assisted or financed in
13whole or in part by any federal agency or by an agency of a state or political
14subdivision thereof or by an Indian tribe, unless otherwise required as a condition
15for participation by the unit or organization in such program;
SB649, s. 13 16Section 13. 108.02 (15) (km) of the statutes is created to read:
SB649,11,1917 108.02 (15) (km) "Employment", as applied to work for a given employer other
18than a government unit or a nonprofit organization, except as the employer elects
19otherwise with the department's approval, does not include service:
SB649,11,2520 1. Provided by an individual to an ill or disabled family member who is the
21employing unit for such service, if the service is personal care or companionship. For
22purposes of this subdivision, "family member" means a spouse, parent, child,
23grandparent, or grandchild of an individual, by blood or adoption, or an individual's
24step parent, step child, or domestic partner. In this subdivision, "domestic partner"
25has the meaning given in s. 770.01 (1).
SB649, s. 14
1Section 14. 108.02 (15s) of the statutes is created to read:
SB649,12,32 108.02 (15s) Full-time work. "Full-time work" means work performed for 32
3or more hours per week.
SB649, s. 15 4Section 15. 108.02 (20m) of the statutes is created to read:
SB649,12,65 108.02 (20m) Part-time work. "Part-time work" means work performed for
6less than 32 hours per week.
SB649, s. 16 7Section 16. 108.02 (21e) (intro.) of the statutes is amended to read:
SB649,12,158 108.02 (21e) Professional employer organization. (intro.) "Professional
9employer organization" means any person who is currently registered as a
10professional employer organization with the department of regulation and licensing
11in accordance with ch. 461,
who contracts to provide the nontemporary, ongoing
12employee workforce of more than one client under a written leasing contract, the
13majority of whose clients are not under the same ownership, management, or control
14as the person other than through the terms of the contract, and who under contract
15and in fact:
SB649, s. 17 16Section 17. 108.04 (1) (g) (intro.) of the statutes is amended to read:
SB649,12,2017 108.04 (1) (g) (intro.) Except as provided in par. (gm) and s. 108.06 (7) (d), the
18base period wages utilized to compute total benefits payable to an individual under
19s. 108.06 (1) as a result of the following employment shall not exceed 10 times the
20individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
SB649, s. 18 21Section 18. 108.04 (2) (a) (intro.) of the statutes is amended to read:
SB649,12,2422 108.04 (2) (a) (intro.) Except as provided in par. (b) and sub. (16) (am) and (b)
23and as otherwise expressly provided, a claimant is eligible for benefits as to any given
24week for which he or she earns no wages only if:
SB649, s. 19 25Section 19. 108.04 (2) (d) of the statutes is repealed.
SB649, s. 20
1Section 20. 108.04 (7) (k) of the statutes is amended to read:
SB649,13,62 108.04 (7) (k) Paragraph (a) does not apply to an employee who terminates his
3or her part-time work consisting of not more than 30 hours per week if the employee
4is otherwise eligible to receive benefits because of the loss of the employee's full-time
5employment and the loss of the full-time employment makes it economically
6unfeasible for the employee to continue the part-time work.
SB649, s. 21 7Section 21. 108.04 (7) (o) of the statutes is amended to read:
SB649,13,128 108.04 (7) (o) Paragraph (a) does not apply to an employee who terminates his
9or her work in one of 2 or more concurrently held positions, at least one of which
10consists of more than 30 hours per week is full-time work, if the employee terminates
11his or her work before receiving notice of termination from a position which consists
12of more than 30 hours per week
is full-time work.
SB649, s. 22 13Section 22. 108.04 (11) (be) (intro.) of the statutes is amended to read:
SB649,13,1614 108.04 (11) (be) (intro.) A claimant shall forfeit benefits and be disqualified
15from receiving benefits
for acts of concealment described in pars. (a) and (b) as
16follows:
SB649, s. 23 17Section 23. 108.04 (16) (a) of the statutes is repealed and recreated to read:
SB649,13,1818 108.04 (16) (a) In this subsection, "approved training" means:
SB649,13,2019 1. A course of vocational training or basic education which is a prerequisite to
20such training in which an individual is enrolled if:
SB649,13,2221 a. The course is expected to increase the individual's opportunities to obtain
22employment;
SB649,13,2423 b. The course is given by a school established under s. 38.02 or another training
24institution approved by the department;
SB649,13,2525 c. The individual is enrolled full time as determined by the training institution;
SB649,14,2
1d. The course does not grant substantial credit leading to a bachelor's or higher
2degree; and
SB649,14,43 e. The individual is attending regularly and making satisfactory progress in
4the course.
SB649,14,65 2. A program administered by the department for the training of unemployed
6workers, other than the youth apprenticeship program under s. 106.13;
SB649,14,873. The plan of any state for training under the federal trade act, 19 USC 2296;
8or
SB649,14,1094. A plan for training approved under the federal workforce investment act, 29
10USC 2822
.
SB649, s. 24 11Section 24. 108.04 (16) (am) of the statutes is created to read:
SB649,14,1512 108.04 (16) (am) The department shall not apply any benefit reduction or
13disqualification under sub. (1) (a), (2) (a), or (8), or s. 108.141 (3g) (a) or (c) to any
14otherwise eligible individual for any week as a result of the individual's enrollment
15in approved training.
SB649, s. 25 16Section 25. 108.04 (16) (b) of the statutes is amended to read:
SB649,14,2117 108.04 (16) (b) The department shall not apply any benefit reduction or
18disqualification under sub. (1) (b), (2) (a), (7) (c), or (8) (e) or s. 108.141 (3g) (d) that
19is not the result of approved training or basic education under par. (a) while an
20individual is enrolled in a course of training or education that meets the standards
21specified in par. (a)
approved training.
SB649, s. 26 22Section 26. 108.04 (16) (c) of the statutes is repealed.
SB649, s. 27 23Section 27. 108.04 (16) (d) of the statutes is amended to read:
SB649,15,3
1108.04 (16) (d) If an individual is enrolled under the plan of any state for
2training under 19 USC 2296 or a plan for training of dislocated workers approved
3under 29 USC 2822
in approved training specified in par. (a) 3. or 4.:
SB649,15,104 1. The department shall not deny benefits under sub. (7) as a result of the
5individual's leaving unsuitable work to enter or continue such training , as a result
6of the individual's leaving work that the individual engaged in on a temporary basis
7during a break in the training or a delay in the commencement of the training, or
8because the individual left on-the-job training not later than 30 days after
9commencing that training because the individual did not meet the requirements of
10the federal trade act under 19 USC 2296 (c) (1) (B)
; and
SB649,15,1211 2. The requalifying requirements under subs. (7) and (8) do not apply while the
12individual is enrolled in such approved training specified in par. (a) 3. or 4.
SB649, s. 28 13Section 28. 108.04 (16) (e) of the statutes is amended to read:
SB649,15,1814 108.04 (16) (e) The department shall charge to the fund's balancing account the
15cost of benefits paid to an individual that are otherwise chargeable to the account of
16an employer that is subject to the contribution requirements of ss. 108.17 and 108.18
17if the individual receives benefits based on the application of par. (am), (b), (c) 2., or
18(d).
SB649, s. 29 19Section 29. 108.04 (16) (f) of the statutes is created to read:
SB649,15,2320 108.04 (16) (f) As a condition to qualification of a course as approved training
21for an individual under this subsection, the department may require a certification
22from the training institution showing the individual's attendance and progress in the
23course.
SB649, s. 30 24Section 30. 108.05 (3) (b) 1. a., b. and c. of the statutes are amended to read:
SB649,16,5
1108.05 (3) (b) 1. a. The claimant works full time for that employer at least 35
2hours
in that week at the same or a greater rate of pay, excluding bonuses, incentives,
3overtime or any other supplement to the earnings, as the claimant was paid by that
4employer in that quarter of the claimant's base period in which the claimant was paid
5his or her highest wages;
SB649,16,96 b. The claimant receives from that employer sick pay, holiday pay, vacation pay
7or termination pay which, by itself or in combination with wages earned for work
8performed in that week for that employer, is equivalent to pay for at least 35 hours
9of
full-time work at that same or a greater rate of pay; or
SB649,16,1510 c. The amount that the claimant would have earned within that week from that
11employer in available work under s. 108.04 (1) (a) which is treated as wages under
12s. 108.04 (1) (bm), by itself or in combination with the wages earned for work
13performed in that week for that employer and the pay received under subd. 1. b., is
14equivalent to pay for at least 35 hours of full-time work at that same or a greater rate
15of pay.
SB649, s. 31 16Section 31. 108.05 (3) (e) of the statutes is created to read:
SB649,16,2317 108.05 (3) (e) For purposes of this subsection, a bonus or profit-sharing
18payment is considered to be earned in the week in which the bonus or payment is paid
19by the employer. A bonus or profit-sharing payment is considered to be paid on the
20date of the check if payment is made by check, on the date of direct deposit by the
21employer at a financial institution if payment is deposited by the employer to an
22employee's account at a financial institution, or on the date that the bonus or
23payment is received by the employee if any other method of payment is used.
SB649, s. 32 24Section 32. 108.05 (7) (d) 1. (intro.) and a. of the statutes are consolidated,
25renumbered 108.05 (7) (d) 1. and amended to read:
SB649,17,6
1108.05 (7) (d) 1. If a pension payment is not paid on a weekly basis, the
2department shall allocate and attribute the payment to specific weeks in accordance
3with subd. 2.
if: a. The the payment is actually or constructively received on a
4periodic basis; or. If a pension payment is actually or constructively received on other
5than a periodic basis, the department shall allocate the payment to the week in which
6it is received.
SB649, s. 33 7Section 33. 108.05 (7) (d) 1. b. of the statutes is renumbered 108.05 (7) (d) 1m.
8and amended to read:
SB649,17,139 108.05 (7) (d) 1m. The For purposes of this paragraph, a payment is actually
10or constructively received on other than a periodic basis and if it has become
11definitely allocated and payable to the claimant by the close of each such a given
12week, and the department has provided due notice to the claimant that the payment
13will be allocated in accordance with subd. 2. b. 1.
SB649, s. 34 14Section 34. 108.05 (7) (d) 2. (intro.) and a. of the statutes are consolidated,
15renumbered 108.05 (7) (d) 2. and amended to read:
SB649,17,1916 108.05 (7) (d) 2. The department shall allocate a pension payment as follows:
17a. If the payment
that is is actually or constructively received on a periodic basis, the
18amount allocated
by allocating to each week is the fraction of the payment
19attributable to that week.
SB649, s. 35 20Section 35. 108.05 (7) (d) 2. b. of the statutes is repealed.
SB649, s. 36 21Section 36. 108.06 (7) (a) 2. and (b) 4. of the statutes, as created by 2009
22Wisconsin Act 11
, are amended to read:
SB649,17,2423 108.06 (7) (a) 2. "Training program" means any program of a type specified in
24s. 108.04 (16) (a).
SB649,18,2
1(b) 4. Is not receiving similar stipends or other training allowances for
2nontraining costs; and
SB649, s. 37 3Section 37. 108.06 (7) (b) 5. of the statutes, as created by 2009 Wisconsin Act
411
, is repealed.
SB649, s. 38 5Section 38. 108.06 (7) (d) of the statutes, as created by 2009 Wisconsin Act 11,
6is amended to read:
SB649,18,127 108.06 (7) (d) No A claimant may receive total benefits under this subsection
8greater than of not more than 26 times the claimant's weekly benefit rate that
9applied to the claimant's applicable benefit year while enrolled in a training
10program. The benefits authorized under this subsection are in addition to any
11regular benefits, extended benefits, or additional benefits authorized under federal
12law to which a claimant may be entitled
.
SB649, s. 39 13Section 39. 108.06 (7) (h) and (j) of the statutes, as created by 2009 Wisconsin
14Act 11
, are amended to read:
SB649,18,1615 108.06 (7) (h) The occupations that qualify as declining or high-demand for
16purposes of this subsection shall be determined by the department.
SB649,18,1817 (j) The department shall charge benefits paid under this subsection in the same
18manner as benefits are charged under s. 108.04 (16) (e).
SB649, s. 40 19Section 40. 108.09 (2) (bm) of the statutes is amended to read:
SB649,18,2320 108.09 (2) (bm) In determining whether an individual meets the conditions
21specified in s. 108.02 (12) (b) 2. a. or b., (bm) 3. or 4., 2. b. or c. or (c) 1., the department
22shall not consider documents granting operating authority or licenses, or any state
23or federal laws or federal regulations granting such authority or licenses.
SB649, s. 41 24Section 41. 108.09 (4s) of the statutes is amended to read:
SB649,19,5
1108.09 (4s) Employee status. In determining whether an individual meets the
2conditions specified in s. 108.02 (12) (b) 2. a. or b., (bm) 3. or 4., 2. b. or c. or (c) 1., the
3appeal tribunal shall not take administrative notice of or admit into evidence
4documents granting operating authority or licenses, or any state or federal laws or
5federal regulations granting such authority or licenses.
SB649, s. 42 6Section 42. 108.10 (4) of the statutes is amended to read:
SB649,19,157 108.10 (4) The department or the employing unit may commence action for the
8judicial review of a commission decision under this section, provided the department,
9or the employing unit, after exhausting the remedies provided under this section, has
10commenced such action within 30 days after such decision was mailed to the
11employing unit's last-known address. The scope of judicial review, and the manner
12thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In
13an action commenced by an employing unit under this section, the department shall
14be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the
15complaint commencing the action.
SB649, s. 43 16Section 43. 108.152 (1) (c) of the statutes is repealed.
SB649, s. 44 17Section 44. 108.152 (3) of the statutes is repealed.
SB649, s. 45 18Section 45. 108.152 (6) (title) of the statutes is amended to read:
SB649,19,2019 108.152 (6) (title) Failure to make required payments or file assurance of
20reimbursement
.
SB649, s. 46 21Section 46. 108.152 (6) (a) (intro.) of the statutes is amended to read:
SB649,20,222 108.152 (6) (a) (intro.) If an Indian tribe or tribal unit fails to pay required
23contributions, reimbursements in lieu of contributions, penalties, interest, or fees
24within 90 days of the time that the department transmits to the tribe a final notice

1of delinquency, or fails to file or maintain the required assurance of reimbursement
2as provided in subs. (1) (c) and (3)
:
SB649, s. 47 3Section 47. 108.152 (6) (a) 2. of the statutes is amended to read:
SB649,20,74 108.152 (6) (a) 2. Any valid election of reimbursement financing is terminated
5as of the end of the current calendar year and any pending election that fails to meet
6the requirement to file an assurance of reimbursement under sub. (1) (c) is
7terminated immediately
.
SB649, s. 48 8Section 48. 108.16 (6) (L) and (m) of the statutes are created to read:
SB649,20,139 108.16 (6) (L) The amount of any overpayments that are recovered by the
10department by setoff pursuant to s. 71.93 or the amount of any overpayments
11resulting from fraud that are recovered by the department by offset pursuant to
12section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a
13similar federal program.
SB649,20,1714 (m) Any amounts collected from assessments levied under s. 108.19 (1m)
15exceeding the amounts needed to pay interest due on advances from the federal
16unemployment account under title XII of the Social Security Act (42 USC 1321 to
171324).
SB649, s. 49 18Section 49. 108.16 (6m) (g) of the statutes is created to read:
SB649,20,2119 108.16 (6m) (g) Any payments of fees or expenses assessed by the U.S.
20secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code
21in effect on June 1, 2009, or a similar federal program.
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