SB649: Bill Text

SB649,24,2 108.20 (3) There shall be included in the moneys governed by sub. (2m) any amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22 (1) (a), (ac), (ad), and (af) as tardy filing fees, forfeitures, interest on delinquent payments, or other penalties and any excess moneys collected under s. 108.19 (1m).

SB649, s. 58 Section 58. 108.22 (8) (b) 1. of the statutes is renumbered 108.22 (8) (b) 1. (intro.) and amended to read:

SB649,24,7 108.22 (8) (b) 1. (intro.) To recover any overpayment to an individual which is not otherwise repaid or recovery of which has not been waived, the department may recoup the amount of the overpayment by:

SB649,24,9 a. Deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive, or file;

SB649,24,11 b. Filing a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers, or both;

SB649, s. 59 Section 59. 108.22 (8) (b) 1. c. and d. of the statutes are created to read:

SB649,24,14 108.22 (8) (b) 1. c. Setting off the amount of the overpayment against a refund or disbursement due pursuant to s. 71.93; or

SB649,24,17 d. If the overpayment results from fraud, offsetting the amount of the overpayment against a federal tax refund as provided in section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a similar federal program.

SB649, s. 60 Section 60. 108.24 (3) of the statutes is renumbered 108.24 (3) (a) (intro.) and amended to read:

SB649,24,22 108.24 (3) (a) (intro.) Any person who makes Whoever does any of the following shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 90 days or both:

SB649,24,25 1. Makes a deduction from the wages of an employee because of liability for contributions or payments in lieu of contributions under this chapter or because of the employee's potential right to benefits, or who knowingly.

SB649,25,3 2. Knowingly refuses or fails to furnish to an employee any notice, report or information duly required under this chapter by the department to be furnished to such employee, or who, directly.

SB649,25,6 3. Directly or indirectly, by promise of reemployment or by threat not to employ, to terminate, or not to reemploy or by any other means, attempts to induce an employee to refrain:

SB649,25,9 a. Refrain from claiming or accepting benefits or to waive, participating in an audit or investigation by the department, or testifying in a hearing held under s, 108.09 or 108.10.

SB649,25,14 b. Waive any other right under this chapter, or whose rehiring policy has discriminated against a former employee by reason of their having claimed benefits, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both; and each such deduction from wages, every day of such refusal or failure, and each such attempt to induce.

SB649,25,15 (b) Each violation of this subsection constitutes a separate offense.

SB649, s. 61 Section 61. 108.24 (3) (a) 4. of the statutes is created to read:

SB649,25,20 108.24 (3) (a) 4. Discriminates or retaliates against an individual because the individual claims benefits, participates in an audit or investigation by the department under this chapter, testifies in a hearing under s. 108.09 or 108.10, or exercises any other right under this chapter.

SB649, s. 62 Section 62. Nonstatutory provisions.

SB649,26,5 (1) Certain benefit payments validated. Notwithstanding section 108.04 (16), 2007 stats., if any unemployment insurance claimant who was enrolled in training approved under the federal workforce investment act, 29 USC 2822, received benefits concurrently with that enrollment during the period beginning on or after August 23, 2009, and ending on the day before the time that the treatment of section 108.04 (16) of the statutes by this act initially applies, and the claimant was otherwise eligible to receive the benefits, the payment of benefits to the claimant is valid if the claimant would have qualified to receive the benefits under section 108.04 (16) of the statutes, as affected by this act.

SB649,26,11 (2) Administrative account transfer. Within 30 days after the effective date of this subsection, the treasurer of the unemployment reserve fund shall transfer from the administrative account of the fund to the balancing account of the fund any amount of money in the administrative account as of the date of the transfer that is derived from assessments for interest payments made under section 108.19 (1m) of the statutes and is in excess of the amount needed to make those payments.

SB649, s. 63 Section 63 . Initial applicability.

SB649,26,15 (1) The treatment of sections 108.02 (12) (bm) (intro.) and 1. to 10. and 108.09 (2) (bm) and (4s) of the statutes, with respect to contribution requirements, first applies with respect to services performed after December 31, 2010.

SB649,26,18 (2) The treatment of sections 108.02 (12) (bm) (intro.) and 1. to 10. and 108.09 (2) (bm) and (4s) of the statutes, with respect to benefit eligibility, first applies with respect to services performed after December 31, 2010.

SB649,26,21 (3) The treatment of section 108.02 (15) (km) of the statutes, with respect to contribution requirements, first applies with respect to services performed after December 31, 2010.

SB649,26,24 (4) The treatment of section 108.02 (15) (km) of the statutes, with respect to benefit eligibility, first applies with respect to benefit years beginning on January 2, 2011.

SB649,27,4 (5) The treatment of sections 108.02 (15s) and (20m) (with respect to terminations of employment) and 108.04 (7) (k) and (o) of the statutes first applies with respect to voluntary terminations of employment occurring on the effective date of this subsection.

SB649,27,7 (6) The treatment of sections 108.02 (15s) and (20m) (with respect to benefits for partial unemployment) and 108.05 (3) (b) 1. a., b., and c. of the statutes first applies with respect to weeks of unemployment beginning July 3, 2011.

SB649,27,11 (7) The treatment of section 108.02 (21e) (intro.) of the statutes (with respect to liability for contributions and reimbursements) first applies with respect to determinations issued under section 108.10 of the statutes beginning with the first quarter beginning after the effective date of this subsection.

SB649,27,15 (8) The treatment of sections 108.04 (1) (g) (intro.), (2) (a) (intro.) and (d), and (16) (a), (am), (b), (c), (d), and (f) and 108.06 (7) (a) 2., (b) 4. and 5., (d), (h), and (j) of the statutes (with respect to benefit payments) first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

SB649,27,17 (9) The treatment of section 108.04 (16) (e) of the statutes first applies with respect to weeks of unemployment beginning on October 3, 2010.

SB649,27,19 (10) The treatment of section 108.05 (3) (e) of the statutes first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

SB649,27,23 (11) The treatment of section 108.05 (7) (d) 1. (intro.), a., and b. and 2. (intro.), a., and b. of the statutes first applies with respect to pension payments that are received on other than a periodic basis in weeks of unemployment beginning on or after the effective date of this subsection.

SB649,28,2 (12) The treatment of section 108.152 (1) (c), (3), and (6) (title) and (a) (intro.) and 2. of the statutes first applies with respect to Indian tribes and tribal units electing or continuing reimbursement financing of benefits for calendar years beginning after December 31, 2010.

SB649,28,7 (13) The treatment of section 108.16 (6) (L) and (m), (6m) (g), and (10) of the statutes, the renumbering and amendment of section 108.22 (8) (b) 1. of the statutes, and the creation of section 108.22 (8) (b) 1. c. and d. of the statutes first apply with respect to satisfaction of liabilities outstanding on the effective date of this subsection.

SB649, s. 64 Section 64. Effective date.

SB649,28,9 (1) This act takes effect on July 4, 2010.

SB649,28,10 (End)