SB649: Bill Text

SB649, s. 13 Section 13. 108.02 (15) (km) of the statutes is created to read:

SB649,11,19 108.02 (15) (km) "Employment", as applied to work for a given employer other than a government unit or a nonprofit organization, except as the employer elects otherwise with the department's approval, does not include service:

SB649,11,25 1. Provided by an individual to an ill or disabled family member who is the employing unit for such service, if the service is personal care or companionship. For purposes of this subdivision, "family member" means a spouse, parent, child, grandparent, or grandchild of an individual, by blood or adoption, or an individual's step parent, step child, or domestic partner. In this subdivision, "domestic partner" has the meaning given in s. 770.01 (1).

SB649, s. 14 Section 14. 108.02 (15s) of the statutes is created to read:

SB649,12,3 108.02 (15s) Full-time work. "Full-time work" means work performed for 32 or more hours per week.

SB649, s. 15 Section 15. 108.02 (20m) of the statutes is created to read:

SB649,12,6 108.02 (20m) Part-time work. "Part-time work" means work performed for less than 32 hours per week.

SB649, s. 16 Section 16. 108.02 (21e) (intro.) of the statutes is amended to read:

SB649,12,15 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

SB649, s. 17 Section 17. 108.04 (1) (g) (intro.) of the statutes is amended to read:

SB649,12,20 108.04 (1) (g) (intro.) Except as provided in par. (gm) and s. 108.06 (7) (d), the base period wages utilized to compute total benefits payable to an individual under s. 108.06 (1) as a result of the following employment shall not exceed 10 times the individual's weekly benefit rate based solely on that employment under s. 108.05 (1):

SB649, s. 18 Section 18. 108.04 (2) (a) (intro.) of the statutes is amended to read:

SB649,12,24 108.04 (2) (a) (intro.) Except as provided in par. (b) and sub. (16) (am) and (b) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week for which he or she earns no wages only if:

SB649, s. 19 Section 19. 108.04 (2) (d) of the statutes is repealed.

SB649, s. 20 Section 20. 108.04 (7) (k) of the statutes is amended to read:

SB649,13,6 108.04 (7) (k) Paragraph (a) does not apply to an employee who terminates his or her part-time work consisting of not more than 30 hours per week if the employee is otherwise eligible to receive benefits because of the loss of the employee's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.

SB649, s. 21 Section 21. 108.04 (7) (o) of the statutes is amended to read:

SB649,13,12 108.04 (7) (o) Paragraph (a) does not apply to an employee who terminates his or her work in one of 2 or more concurrently held positions, at least one of which consists of more than 30 hours per week is full-time work, if the employee terminates his or her work before receiving notice of termination from a position which consists of more than 30 hours per week is full-time work.

SB649, s. 22 Section 22. 108.04 (11) (be) (intro.) of the statutes is amended to read:

SB649,13,16 108.04 (11) (be) (intro.) A claimant shall forfeit benefits and be disqualified from receiving benefits for acts of concealment described in pars. (a) and (b) as follows:

SB649, s. 23 Section 23. 108.04 (16) (a) of the statutes is repealed and recreated to read:

SB649,13,18 108.04 (16) (a) In this subsection, "approved training" means:

SB649,13,20 1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:

SB649,13,22 a. The course is expected to increase the individual's opportunities to obtain employment;

SB649,13,24 b. The course is given by a school established under s. 38.02 or another training institution approved by the department;

SB649,13,25 c. The individual is enrolled full time as determined by the training institution;

SB649,14,2 d. The course does not grant substantial credit leading to a bachelor's or higher degree; and

SB649,14,4 e. The individual is attending regularly and making satisfactory progress in the course.

SB649,14,6 2. A program administered by the department for the training of unemployed workers, other than the youth apprenticeship program under s. 106.13;

SB649,14,8 3. The plan of any state for training under the federal trade act, 19 USC 2296; or

SB649,14,10 4. A plan for training approved under the federal workforce investment act, 29 USC 2822.

SB649, s. 24 Section 24. 108.04 (16) (am) of the statutes is created to read:

SB649,14,15 108.04 (16) (am) The department shall not apply any benefit reduction or disqualification under sub. (1) (a), (2) (a), or (8), or s. 108.141 (3g) (a) or (c) to any otherwise eligible individual for any week as a result of the individual's enrollment in approved training.

SB649, s. 25 Section 25. 108.04 (16) (b) of the statutes is amended to read:

SB649,14,21 108.04 (16) (b) The department shall not apply any benefit reduction or disqualification under sub. (1) (b), (2) (a), (7) (c), or (8) (e) or s. 108.141 (3g) (d) that is not the result of approved training or basic education under par. (a) while an individual is enrolled in a course of training or education that meets the standards specified in par. (a) approved training.

SB649, s. 26 Section 26. 108.04 (16) (c) of the statutes is repealed.

SB649, s. 27 Section 27. 108.04 (16) (d) of the statutes is amended to read:

SB649,15,3 108.04 (16) (d) If an individual is enrolled under the plan of any state for training under 19 USC 2296 or a plan for training of dislocated workers approved under 29 USC 2822 in approved training specified in par. (a) 3. or 4.:

SB649,15,10 1. The department shall not deny benefits under sub. (7) as a result of the individual's leaving unsuitable work to enter or continue such training , as a result of the individual's leaving work that the individual engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because the individual did not meet the requirements of the federal trade act under 19 USC 2296 (c) (1) (B); and

SB649,15,12 2. The requalifying requirements under subs. (7) and (8) do not apply while the individual is enrolled in such approved training specified in par. (a) 3. or 4.

SB649, s. 28 Section 28. 108.04 (16) (e) of the statutes is amended to read:

SB649,15,18 108.04 (16) (e) The department shall charge to the fund's balancing account the cost of benefits paid to an individual 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 individual receives benefits based on the application of par. (am), (b), (c) 2., or (d).

SB649, s. 29 Section 29. 108.04 (16) (f) of the statutes is created to read:

SB649,15,23 108.04 (16) (f) As a condition to qualification of a course as approved training for an individual under this subsection, the department may require a certification from the training institution showing the individual's attendance and progress in the course.

SB649, s. 30 Section 30. 108.05 (3) (b) 1. a., b. and c. of the statutes are amended to read:

SB649,16,5 108.05 (3) (b) 1. a. The claimant works full time for that employer at least 35 hours in that week at the same or a greater rate of pay, excluding bonuses, incentives, overtime or any other supplement to the earnings, as the claimant was paid by that employer in that quarter of the claimant's base period in which the claimant was paid his or her highest wages;

SB649,16,9 b. The claimant receives from that employer sick pay, holiday pay, vacation pay or termination pay which, by itself or in combination with wages earned for work performed in that week for that employer, is equivalent to pay for at least 35 hours of full-time work at that same or a greater rate of pay; or

SB649,16,15 c. The amount that the claimant would have earned within that week from that employer in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), by itself or in combination with the wages earned for work performed in that week for that employer and the pay received under subd. 1. b., is equivalent to pay for at least 35 hours of full-time work at that same or a greater rate of pay.

SB649, s. 31 Section 31. 108.05 (3) (e) of the statutes is created to read:

SB649,16,23 108.05 (3) (e) For purposes of this subsection, a bonus or profit-sharing payment is considered to be earned in the week in which the bonus or payment is paid by the employer. A bonus or profit-sharing payment is considered to be paid on the date of the check if payment is made by check, on the date of direct deposit by the employer at a financial institution if payment is deposited by the employer to an employee's account at a financial institution, or on the date that the bonus or payment is received by the employee if any other method of payment is used.

SB649, s. 32 Section 32. 108.05 (7) (d) 1. (intro.) and a. of the statutes are consolidated, renumbered 108.05 (7) (d) 1. and amended to read:

SB649,17,6 108.05 (7) (d) 1. If a pension payment is not paid on a weekly basis, the department shall allocate and attribute the payment to specific weeks in accordance with subd. 2. if: a. The the payment is actually or constructively received on a periodic basis; or. If a pension payment is actually or constructively received on other than a periodic basis, the department shall allocate the payment to the week in which it is received.

SB649, s. 33 Section 33. 108.05 (7) (d) 1. b. of the statutes is renumbered 108.05 (7) (d) 1m. and amended to read:

SB649,17,13 108.05 (7) (d) 1m. The For purposes of this paragraph, a payment is actually or constructively received on other than a periodic basis and if it has become definitely allocated and payable to the claimant by the close of each such a given week, and the department has provided due notice to the claimant that the payment will be allocated in accordance with subd. 2. b. 1.

SB649, s. 34 Section 34. 108.05 (7) (d) 2. (intro.) and a. of the statutes are consolidated, renumbered 108.05 (7) (d) 2. and amended to read:

SB649,17,19 108.05 (7) (d) 2. The department shall allocate a pension payment as follows: a. If the payment that is is actually or constructively received on a periodic basis, the amount allocated by allocating to each week is the fraction of the payment attributable to that week.

SB649, s. 35 Section 35. 108.05 (7) (d) 2. b. of the statutes is repealed.

SB649, s. 36 Section 36. 108.06 (7) (a) 2. and (b) 4. of the statutes, as created by 2009 Wisconsin Act 11, are amended to read:

SB649,17,24 108.06 (7) (a) 2. "Training program" means any program of a type specified in s. 108.04 (16) (a).

SB649,18,2 (b) 4. Is not receiving similar stipends or other training allowances for nontraining costs; and

SB649, s. 37 Section 37. 108.06 (7) (b) 5. of the statutes, as created by 2009 Wisconsin Act 11, is repealed.

SB649, s. 38 Section 38. 108.06 (7) (d) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

SB649,18,12 108.06 (7) (d) No A claimant may receive total benefits under this subsection greater than of not more than 26 times the claimant's weekly benefit rate that applied to the claimant's applicable benefit year while enrolled in a training program. The benefits authorized under this subsection are in addition to any regular benefits, extended benefits, or additional benefits authorized under federal law to which a claimant may be entitled.

SB649, s. 39 Section 39. 108.06 (7) (h) and (j) of the statutes, as created by 2009 Wisconsin Act 11, are amended to read:

SB649,18,16 108.06 (7) (h) The occupations that qualify as declining or high-demand for purposes of this subsection shall be determined by the department.

SB649,18,18 (j) The department shall charge benefits paid under this subsection in the same manner as benefits are charged under s. 108.04 (16) (e).

SB649, s. 40 Section 40. 108.09 (2) (bm) of the statutes is amended to read:

SB649,18,23 108.09 (2) (bm) In determining whether an individual meets the conditions specified in s. 108.02 (12) (b) 2. a. or b., (bm) 3. or 4., 2. b. or c. or (c) 1., the department shall not consider documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.

SB649, s. 41 Section 41. 108.09 (4s) of the statutes is amended to read:

SB649,19,5 108.09 (4s) Employee status. In determining whether an individual meets the conditions specified in s. 108.02 (12) (b) 2. a. or b., (bm) 3. or 4., 2. b. or c. or (c) 1., the appeal tribunal shall not take administrative notice of or admit into evidence documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.

SB649, s. 42 Section 42. 108.10 (4) of the statutes is amended to read:

SB649,19,15 108.10 (4) The department or the employing unit may commence action for the judicial review of a commission decision under this section, provided the department, or the employing unit, after exhausting the remedies provided under this section, has commenced such action within 30 days after such decision was mailed to the employing unit's last-known address. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In an action commenced by an employing unit under this section, the department shall be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the complaint commencing the action.

SB649, s. 43 Section 43. 108.152 (1) (c) of the statutes is repealed.

SB649, s. 44 Section 44. 108.152 (3) of the statutes is repealed.

SB649, s. 45 Section 45. 108.152 (6) (title) of the statutes is amended to read:

SB649,19,20 108.152 (6) (title) Failure to make required payments or file assurance of reimbursement.

SB649, s. 46 Section 46. 108.152 (6) (a) (intro.) of the statutes is amended to read:

SB649,20,2 108.152 (6) (a) (intro.) If an Indian tribe or tribal unit fails to pay required contributions, reimbursements in lieu of contributions, penalties, interest, or fees within 90 days of the time that the department transmits to the tribe a final notice of delinquency, or fails to file or maintain the required assurance of reimbursement as provided in subs. (1) (c) and (3):

SB649, s. 47 Section 47. 108.152 (6) (a) 2. of the statutes is amended to read:

SB649,20,7 108.152 (6) (a) 2. Any valid election of reimbursement financing is terminated as of the end of the current calendar year and any pending election that fails to meet the requirement to file an assurance of reimbursement under sub. (1) (c) is terminated immediately.

SB649, s. 48 Section 48. 108.16 (6) (L) and (m) of the statutes are created to read:

SB649,20,13 108.16 (6) (L) The amount of any overpayments that are recovered by the department by setoff pursuant to s. 71.93 or the amount of any overpayments resulting from fraud that are recovered by the department by offset pursuant to section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a similar federal program.

SB649,20,17 (m) Any amounts collected from assessments levied under s. 108.19 (1m) exceeding the amounts needed to pay interest due on advances from the federal unemployment account under title XII of the Social Security Act (42 USC 1321 to 1324).

SB649, s. 49 Section 49. 108.16 (6m) (g) of the statutes is created to read:

SB649,20,21 108.16 (6m) (g) Any payments of fees or expenses assessed by the U.S. secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a similar federal program.

SB649, s. 50 Section 50. 108.16 (10) of the statutes is amended to read:

SB649,21,6 108.16 (10) All money withdrawn from the fund shall be used solely in the payment of benefits, exclusive of expenses of administration, and for refunds of sums erroneously paid into the fund, for refund of a positive net balance in an employer's reimbursement account under ss. 108.15 (4) and 108.151 (5) on request by the employer, and for expenditures made pursuant to s. 108.161 and consistently with the federal limitations applicable to s. 108.161, and for payment of fees and expenses for collection of overpayments resulting from fraud that are assessed by the U.S. secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a similar federal program.

SB649, s. 51 Section 51. 108.18 (7) (a) of the statutes is amended to read:

SB649,21,12 108.18 (7) (a) 1. Except as provided in pars. (b) to (h) (i), any employer may make payments to the fund during the month of November in excess of those required by this section and s. 108.19 (1) and (1e). Each payment shall be credited to the employer's account for the purpose of computing the employer's reserve percentage as of the immediately preceding computation date.