AB310,10,1717 108.05 (3) (c) 1. The claimant performs works; or
AB310,10,1818 2. The claimant has wages ascribed under s. 108.04 (1) (bm); or
AB310,10,2119 3. The claimant receives holiday pay, vacation pay, termination pay, or sick pay
20under circumstances satisfying the requirements of subs. (4), (5), or (5m) for
21treatment as wages in that week.
AB310, s. 19 22Section 19. 108.05 (3) (dm) of the statutes is created to read:
AB310,10,2523 108.05 (3) (dm) A claimant is ineligible to receive any benefits for a week if the
24claimant receives from one or more employers: 1. Wages earned for work performed
25in that week of more than $500; or
AB310,11,3
12. Sick pay, holiday pay, vacation pay, or termination pay which, by itself or in
2combination with wages earned for work performed in that week, is equivalent to
3more than $500.
AB310, s. 20 4Section 20. 108.065 (1) of the statutes is renumbered 108.065 (2) (a) 1.
AB310, s. 21 5Section 21. 108.065 (1e) of the statutes is created to read:
AB310,11,96 108.065 (1e) Except as provided in subs. (2) and (3), if there is more than one
7employing unit that has a relationship to an employee, the department shall
8determine which of the employing units is the employer of the employee by
9considering the following:
AB310,11,1010 (a) An employing unit's right by contract and in fact to:
AB310,11,1211 1. Determine a prospective employee's qualifications to perform the services in
12question and to hire or discharge the employee.
AB310,11,1413 2. Determine the details of the employee's pay including the amount of, method
14of, and frequency of changes in that pay.
AB310,11,1615 3. Train the employee and exercise direction and control over the performance
16of services by the employee and when and how they are to be performed.
AB310,11,1817 4. Impose discipline upon the employee for rule or policy infractions or
18unsatisfactory performance.
AB310,11,1919 5. Remove the employee from one job or assign the employee to a different job.
AB310,11,2020 6. Require oral or written reports from the employee.
AB310,11,2121 7. Evaluate the quantity and quality of the services provided by the employee.
AB310,11,2322 8. Assign a substitute employee to perform the services of an employee if the
23employee is unavailable for work or is terminated from work.
AB310,11,2524 9. Assign alternative work to the employee if the employee is removed from a
25particular job.
AB310,12,1
1(b) Which employing unit:
AB310,12,22 1. Benefits directly or indirectly from the services performed by the employee.
AB310,12,43 2. Maintains a pool of workers who are available to perform the services in
4question.
AB310,12,65 3. Is responsible for employee compliance with applicable regulatory laws and
6for enforcement of such compliance.
AB310, s. 22 7Section 22. 108.065 (1m) and (2) of the statutes are renumbered 108.065 (2)
8(b) and (c).
AB310, s. 23 9Section 23. 108.065 (3) of the statutes is created to read:
AB310,12,1710 108.065 (3) A provider of home health care and personal care services for
11medical assistance recipients under ch. 49 may elect to be the employer of one or more
12employees providing those services. As a condition of eligibility for election to be the
13employer of one or more employees providing those services, the provider shall notify
14in writing the recipient of any such services of its election, for purposes of the
15unemployment insurance law, to be the employer of any worker providing such
16services to the recipient, and must be treated as the employer by the federal internal
17revenue service for purposes of federal unemployment taxes on the worker's services.
AB310, s. 24 18Section 24. 108.09 (2) (b) of the statutes is amended to read:
AB310,12,2219 108.09 (2) (b) The department shall issue determinations whenever necessary
20to resolve any matters which that may bar, suspend, terminate or otherwise affect
21the employee's eligibility for benefits or to resolve any liability for penalties under
22s. 108.04 (11) (bh)
.
AB310, s. 25 23Section 25. 108.09 (3) (a) 1. of the statutes is amended to read:
AB310,13,224 108.09 (3) (a) 1. To hear and decide disputed claims or to resolve liabilities
25under sub. (2) (b)
, the department shall establish appeal tribunals. Except as

1authorized in this paragraph, each tribunal shall consist of an individual who is a
2permanent employee of the department.
AB310, s. 26 3Section 26. 108.09 (4r) of the statutes, as created by 2011 Wisconsin Act 32,
4is repealed.
AB310, s. 27 5Section 27. 108.09 (8) (b) of the statutes is amended to read:
AB310,13,136 108.09 (8) (b) Any party in a dispute concerning benefit eligibility or liability
7for overpayment of benefits or a penalty imposed under s. 108.04 (11) (bh), or in any
8administrative proceeding under this chapter concerning such a dispute, may be
9represented by counsel or another agent; but no such counsel or agent may together
10charge or receive from an employee for all such representation in connection with
11such a dispute a fee which, in the aggregate, exceeds 10% of the maximum benefits
12at issue unless the department has first approved a specified higher fee. This
13paragraph does not apply to any fee charged for representation before a court of law.
AB310, s. 28 14Section 28. 108.16 (6) (f) of the statutes is amended to read:
AB310,13,1615 108.16 (6) (f) Any amount available for such crediting under s. 108.04 (11) (be),
16108.14 (8n) (e) or 108.141.
AB310, s. 29 17Section 29. 108.16 (6) (L) of the statutes is amended to read:
AB310,13,2218 108.16 (6) (L) The amount of any overpayments that are recovered by the
19department by setoff pursuant to s. 71.93 or the amount of any overpayments
20resulting from fraud or failure to report earnings that are recovered by the
21department by offset pursuant to section 6402 (f) of the federal Internal Revenue
22Code in effect on June 1, 2009, or a similar federal program.
AB310, s. 30 23Section 30. 108.16 (6) (m) of the statutes is amended to read:
AB310,14,324 108.16 (6) (m) Any amounts collected from assessments levied under s. 108.19
25(1m) exceeding the amounts needed to pay interest due on advances from the federal

1unemployment account under title XII of the Social Security Act (42 USC 1321 to
21324)
transferred to the balancing account from the unemployment interest
3payment fund
.
AB310, s. 31 4Section 31. 108.16 (6m) (g) of the statutes is amended to read:
AB310,14,75 108.16 (6m) (g) Any payments of fees or expenses assessed by the U.S.
6secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code
7in effect on June 1, 2009, or a similar federal program.
AB310, s. 32 8Section 32. 108.16 (8) (h) of the statutes is amended to read:
AB310,14,189 108.16 (8) (h) The department shall determine or redetermine the contribution
10rate for the of a successor effective that is subject to this chapter immediately prior
11to the effective date of a transfer
as of the applicable computation date effective for
12contributions payable
beginning of in the first quarter calendar year following the
13date of the transfer of the business. The department shall thereafter redetermine
14the contribution rate whenever required by s. 108.18. For the purposes of s. 108.18,
15the department shall determine the experience under this chapter of the successor's
16account by allocating to the successor's account for each period in question the
17respective proportions of the transferor's payroll and benefits which the department
18determines to be properly assignable to the business transferred.
AB310, s. 33 19Section 33. 108.16 (10) of the statutes is amended to read:
AB310,15,320 108.16 (10) All money withdrawn from the fund shall be used solely in the
21payment of benefits, exclusive of expenses of administration, and for refunds of sums
22erroneously paid into the fund, for refund of a positive net balance in an employer's
23reimbursement account under ss. 108.15 (4) and 108.151 (5) on request by the
24employer, for expenditures made pursuant to s. 108.161 and consistently with the
25federal limitations applicable to s. 108.161, and for payment of fees and expenses for

1collection of overpayments resulting from fraud or failure to report earnings that are
2assessed by the U.S. secretary of the treasury under section 6402 (f) of the federal
3Internal Revenue Code in effect on June 1, 2009, or a similar federal program.
AB310, s. 34 4Section 34. 108.19 (title) of the statutes is amended to read:
AB310,15,6 5108.19 (title) Contributions to the administrative account and the
6unemployment interest payment fund
.
AB310, s. 35 7Section 35. 108.19 (1m) of the statutes is amended to read:
AB310,16,28 108.19 (1m) Each employer subject to this chapter as of the date a rate is
9established under this subsection shall pay an assessment to the administrative
10account
unemployment interest payment fund at a rate established by the
11department sufficient to pay interest due on advances from the federal
12unemployment account under title XII of the social security act (42 USC 1321 to
131324). The rate established by the department for employers who finance benefits
14under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75% of the rate established
15for other employers. The amount of any employer's assessment shall be the product
16of the rate established for that employer multiplied by the employer's payroll of the
17previous calendar year as taken from quarterly employment and wage reports filed
18by the employer under s. 108.205 (1) or, in the absence of the filing of such reports,
19estimates made by the department. Each assessment made under this subsection
20is due on the 30th day commencing after the date on which notice of the assessment
21is mailed by the department. If the amounts collected under this subsection are in
22excess of the amounts needed to pay interest due, the department shall use any
23excess shall be credited to pay interest owed in subsequent years on advances from
24the federal unemployment account. If the department determines that additional

1interest obligations are unlikely, the department shall transfer the excess
to the
2balancing account of the fund.
AB310, s. 36 3Section 36. 108.19 (1q) of the statutes is created to read:
AB310,16,64 108.19 (1q) There is created a separate, nonlapsible trust fund designated as
5the unemployment interest payment fund consisting of all amounts collected under
6sub. (1m) and all interest and penalties on those amounts collected under s. 108.22.
AB310, s. 37 7Section 37. 108.19 (1s) of the statutes is created to read:
AB310,16,108 108.19 (1s) (a) There is created a separate, nonlapsible trust fund designated
9as the unemployment program integrity fund consisting of all amounts collected
10under s. 108.04 (11) (bh).
AB310,16,1211 (b) The department shall use the moneys in the unemployment program
12integrity fund for payment of costs associated with program integrity activities.
AB310, s. 38 13Section 38. 108.22 (1m) of the statutes is amended to read:
AB310,17,214 108.22 (1m) If an employer owes any contributions, reimbursements or
15assessments under s. 108.15 or, 108.151 , or 108.19 (1m), interest, fees, or payments
16for forfeitures or other penalties to the department under this chapter and fails to
17pay the amount owed, the department has a perfected lien upon the employer's right,
18title, and interest in all of its real and personal property located in this state in the
19amount finally determined to be owed, plus costs. Except where creation of a lien is
20barred or stayed by bankruptcy or other insolvency law, the lien is effective when the
21department issues a determination of the amount owed under s. 108.10 (1) and shall
22continue until the amount owed, plus costs and interest to the date of payment, is
23paid. If a lien is initially barred or stayed by bankruptcy or other insolvency law, it
24shall become effective immediately upon expiration or removal of such bar or stay.
25The perfected lien does not give the department priority over lienholders,

1mortgagees, purchasers for value, judgment creditors, and pledges whose interests
2have been recorded before the department's lien is recorded.
AB310, s. 39 3Section 39. 108.22 (8) (b) 1. d. of the statutes is amended to read:
AB310,17,74 108.22 (8) (b) 1. d. If the overpayment results from fraud or failure to report
5earnings
, offsetting the amount of the overpayment against a federal tax refund as
6provided in section 6402 (f) of the federal Internal Revenue Code in effect on June
71, 2009, or a similar federal program.
AB310, s. 40 8Section 40. 108.22 (8) (bh) of the statutes is created to read:
AB310,17,129 108.22 (8) (bh) To recover any penalty under s. 108.04 (11) (bh), the department
10may recoup the amount of the penalty by filing a warrant against the liable
11individual in the same manner as is provided in this section for collecting delinquent
12payments from employers.
AB310, s. 41 13Section 41. 108.225 (1) (b) of the statutes is amended to read:
AB310,17,1814 108.225 (1) (b) "Debt" means a delinquent contribution or repayment of a
15benefit overpayment, an a delinquent assessment under s. 108.04 (11) (cm) or 108.19
16(1m), a liability incurred under s. 108.04 (11) (bh)
, or any liability of a 3rd party for
17failure to surrender to the department property or rights to property subject to levy
18after proceedings under sub. (4) (b) and s. 108.10 to determine that liability.
AB310, s. 42 19Section 42. 108.225 (16) (am) 1. (intro.) of the statutes is amended to read:
AB310,17,2220 108.225 (16) (am) 1. (intro.) In the case of benefit overpayments or a penalty
21imposed under s. 108.04 (11) (bh)
, an individual debtor is entitled to an exemption
22from levy of 80% of the debtor's disposable earnings, except that:
AB310, s. 43 23Section 43. 108.225 (17) of the statutes is amended to read:
AB310,18,224 108.225 (17) Exemptions. The first $1,000 of an account in a depository
25institution is exempt from any levy to recover a benefit overpayment or penalty

1imposed under s. 108.04 (11) (bh)
. No other property is exempt from levy except as
2provided in sub. (16).
AB310, s. 44 3Section 44. 108.24 (1) of the statutes is amended to read:
AB310,18,94 108.24 (1) Any person who knowingly makes a false statement or
5representation to obtain any benefit payment under this chapter, either for himself
6or herself or for any other person, shall be fined not less than $100 nor more than
7$500 or imprisoned not more than 90 days, or both; and each such false statement
8or representation constitutes a separate offense. This penalty is in addition to any
9penalty imposed under s. 108.04 (11) (bh).
AB310, s. 45 10Section 45. Fiscal changes.
AB310,18,1611 (1) There is transferred from the appropriation under section 20.445 (1) (gd)
12of the statutes, as affected by this act, to the unemployment interest payment fund,
13as created by this act, all unencumbered moneys paid to the department of workforce
14development under section 108.19 (1m) of the statutes for assessments made prior
15to the effective date of this subsection and all interest and penalties on those moneys
16collected under section 108.22 of the statutes.
AB310,18,2217 (2) Notwithstanding section 20.445 (1) (gd) of the statutes, as affected by this
18act, there shall be deposited into the unemployment interest payment fund, as
19created by this act, all moneys payable to the department of workforce development
20under section 108.19 (1m) of the statutes for assessments made prior to the effective
21date of this subsection and all interest and penalties on those moneys collected under
22section 108.22 of the statutes.
AB310, s. 46 23Section 46. Initial applicability.
AB310,19,524 (1) The treatment of sections 20.445 (1) (v), 25.17 (1) (xf), 108.04 (11) (a), (b),
25(be), (bh), and (bm), 108.09 (2) (b), (3) (a) 1., and (8) (b), 108.16 (6) (f), 108.19 (1s),

1108.22 (8) (bh), 108.225 (1) (b) (with respect to liabilities incurred under section
2108.04 (11) (bh) of the statutes), (16) (am) 1. (intro.), and (17) and 108.24 (1) of the
3statutes first applies with respect to weeks of employment beginning with the first
4Sunday that follows the 180th day beginning after the effective date of this
5subsection.
AB310,19,116 (2) The treatment of section 108.04 (2) (a) 3. (intro.) and (bm) of the statutes
7first applies with respect to determinations issued under section 108.09 of the
8statutes in the first week beginning after the effective date of this subsection or, in
9relation to determinations that are appealed, to decisions issued under section
10108.09 of the statutes in the first week beginning after the effective date of this
11subsection.
AB310,19,1412 (3) The treatment of sections 108.04 (8) (b) and (13) (cm) and 108.09 (4r) of the
13statutes first applies with respect to weeks of unemployment beginning after the
14effective date of this subsection.
AB310,19,2015 (4) The treatment of section 108.05 (3) (a) (with respect to the reference to
16section 108.05 (3) (b) of the statutes) and (b) of the statutes, the renumbering and
17amendment of section 108.05 (3) (c) of the statutes, and the creation of section 108.05
18(3) (c) 1. to 3. of the statutes first apply with respect to weeks of unemployment
19beginning on the first Sunday that follows the 180th day beginning after the effective
20date of this subsection.
AB310,19,2421 (5) The treatment of section 108.05 (3) (a) (with respect to the reference to
22section 108.05 (3) (dm) of the statutes) and (dm) of the statutes first applies with
23respect to weeks of unemployment beginning on the first Sunday that follows the
24180th day beginning after the effective date of this subsection.
AB310,20,2
1(6) The treatment of section 108.065 (1), (1e), (1m), (2), and (3) of the statutes
2first applies with respect to services performed after December 31, 2011.
AB310,20,53 (7) The treatment of sections 108.16 (6) (L), (6m) (g), and (10) and 108.22 (8)
4(b) 1. d. of the statutes first applies with respect to satisfaction of liabilities
5outstanding on the effective date of this subsection.
AB310,20,76 (8) The treatment of section 108.16 (8) (h) of the statutes first applies with
7respect to transfers of business occurring after December 31, 2011.
AB310,20,118 (9) The treatment of sections 108.22 (1m) and 108.225 (1) (b) (with respect to
9assessments under section 108.19 (1m) of the statutes) of the statutes first applies
10with respect to liabilities on assessments under section 108.19 (1m) of the statutes
11made on and after January 1, 2011.
AB310, s. 47 12Section 47. Effective date.
AB310,20,1313 (1) This act takes effect on the first Sunday after publication.
AB310,20,1414 (End)
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