AB219,96 22Section 96. 108.16 (6) (o) of the statutes is created to read:
AB219,65,2323 108.16 (6) (o) Any erroneous payment recovered under s. 108.22 (8e).
AB219,97 24Section 97. 108.16 (6m) (a) of the statutes is amended to read:
AB219,66,3
1108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
2(7) (h), (8) (a), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), or (8), 108.14
3(8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
AB219,98 4Section 98. 108.16 (6m) (h) of the statutes is created to read:
AB219,66,65 108.16 (6m) (h) Any amount paid to correct a payment under s. 108.22 (8e) that
6is not recovered or recoverable.
AB219,99 7Section 99. 108.16 (8) (b) 4. of the statutes is amended to read:
AB219,66,148 108.16 (8) (b) 4. The department has received a written application from the
9transferee requesting that it be deemed a successor. Such Unless the transferee
10satisfies the department that the application was late as a result of excusable
11neglect, the
application must be received by the department on or before the
12contribution payment due date for the first full quarter following the date of transfer.
13The department shall not accept a late application under this subdivision more than
1490 days after its due date.
AB219,100 15Section 100. 108.205 (1) of the statutes is amended to read:
AB219,66,2416 108.205 (1) Each employer shall file with the department, in such form as the
17department by rule requires, a quarterly report showing the name, social security
18number and wages paid to each employee who is employed by the employer in
19employment with the employer during the quarter. The department may also by rule
20require each employer to include in the report any salary reduction amounts that are
21not wages and that would have been paid to each such employee by the employer as
22salary during the quarter but for a salary reduction agreement under a cafeteria
23plan, within the meaning of 26 USC 125.
The employer shall file the report no later
24than the last day of the month following the completion of each quarter.
AB219,101 25Section 101. 108.21 (1) of the statutes is amended to read:
AB219,67,23
1108.21 (1) Every employing unit which employs one or more individuals to
2perform work in this state shall keep an accurate work record for each individual
3employed by it, including full name, address and social security number, which will
4permit determination of the weekly wages earned by each such individual, the wages
5paid within each quarter to that individual and the salary reduction amounts that
6are not wages and that would have been paid by the employing unit to that individual
7as salary but for a salary reduction agreement under a cafeteria plan, within the
8meaning of 26 USC 125
. Each such employing unit shall permit any authorized
9representative of the department to examine, at any reasonable time, the work
10record and any other records which may show any wages paid by the employing unit,
11or any salary reduction amounts that are not wages and that would have been paid
12by the employing unit as salary but for a salary reduction agreement under a
13cafeteria plan, within the meaning of 26 USC 125,
regardless of the format in which
14such a record is maintained. If such a record is maintained by an employing unit in
15machine-readable format, the employing unit shall provide the department with
16information necessary to retrieve the record. If the department determines that the
17employing unit is unable to provide access to such a record or that the retrieval
18capability at the site where the record is maintained is not adequate for efficient
19examination, the employing unit shall provide a copy of the record to the department
20and shall allow the department to remove the copy from that site for such period as
21will permit examination at another location. Each such employing unit shall furnish
22to the department upon demand a sworn statement of the information contained in
23any such record.
AB219,102 24Section 102. 108.22 (1) (a) of the statutes is amended to read:
AB219,68,17
1108.22 (1) (a) If Except as provided in par. (cm), if any employer, other than an
2employer which has ceased business and has not paid or incurred a liability to pay
3wages in any quarter following the cessation of business, is delinquent in making by
4the assigned due date any payment to the department required of it under this
5chapter, the employer shall pay interest on the delinquent payment at that monthly
6rate that annualized is equal to 9 percent or to 2 percent more than the prime rate
7as published in the Wall Street Journal as of September 30 of the preceding year,
8whichever is greater, for each month or fraction thereof that the employer is
9delinquent from the date such payment became due. If any such employer is
10delinquent in making filing any quarterly report under s. 108.205 (1) by the assigned
11due date, the employer shall pay department may assess a tardy filing fee of $50 to
12the employer
for each delinquent quarterly report in the amount of $100 or $20 per
13employee, as reported on the employer's most recent quarterly report, whichever is
14greater, or, if the report is filed within 30 days of its due date, in the amount of $50.
15If the department cannot determine the number of the employer's employees from
16the employer's most recent quarterly report, the department may reasonably
17estimate the number of the employer's employees for purposes of this paragraph
.
AB219,103 18Section 103. 108.22 (1) (cm) of the statutes is created to read:
AB219,68,2119 108.22 (1) (cm) In limited circumstances as prescribed by rule of the
20department, the department may waive or decrease the interest charged under par.
21(a).
AB219,104 22Section 104. 108.22 (8) (c) 1. a. of the statutes is amended to read:
AB219,68,2423 108.22 (8) (c) 1. a. The overpayment was the result of a departmental error and
24was not the fault of any employer under s. 108.04 (13) (f); and
AB219,105 25Section 105. 108.22 (8e) of the statutes is created to read:
AB219,69,5
1108.22 (8e) If the department determines a payment has been made to an
2unintended recipient erroneously without fault on the part of the intended payee, the
3department may issue the correct payment to the intended payee if necessary, and
4may recover the amount of the erroneous payment from the recipient under this
5section or s. 108.225 or 108.245.
AB219,106 6Section 106. 108.223 of the statutes is created to read:
AB219,69,8 7108.223 Financial record matching program. (1) Definitions. In this
8section:
AB219,69,119 (a) "Account" means a demand deposit account, checking account, negotiable
10withdrawal order account, savings account, time deposit account, or money market
11mutual fund account.
AB219,69,1212 (b) "Debtor" has the meaning given in s. 108.225 (1) (c).
AB219,69,1313 (c) "Financial institution" has the meaning given in 12 USC 3401 (1).
AB219,69,16 14(2) Matching program and agreements. (a) The department shall operate a
15financial record matching program under this section for the purpose of identifying
16the assets of debtors.
AB219,69,2517 (b) The department shall enter into agreements with financial institutions
18doing business in this state to operate the financial record matching program under
19this section. An agreement shall require the financial institution to participate in
20the financial record matching program by electing either the financial institution
21matching option under sub. (3) or the state matching option under sub. (4). The
22financial institution and the department may by mutual agreement make changes
23to the agreement. A financial institution that wishes to choose a different matching
24option shall provide the department with at least 60 days notice. The department
25shall furnish the financial institution with a signed copy of the agreement.
AB219,70,4
1(c) The department may reimburse a financial institution up to $125 per
2calendar quarter for participating in the financial record matching program under
3this section. The department shall make reimbursements under this paragraph
4from the appropriation under s. 20.445 (1) (n).
AB219,70,75 (d) To the extent feasible, the information to be exchanged under the matching
6program shall be provided by electronic data exchange as prescribed by the
7department in the agreement under par. (b).
AB219,70,10 8(3) Financial institution matching option. If a financial institution with
9which the department has an agreement under sub. (2) elects the financial
10institution matching option under this subsection, all of the following apply:
AB219,70,1411 (a) At least once each calendar quarter, the department shall provide to the
12financial institution, in the manner specified in the agreement under sub. (2) (b),
13information regarding debtors. The information shall include names and social
14security or other taxpayer identification numbers.
AB219,71,215 (b) Based on the information received under par. (a), the financial institution
16shall take actions necessary to determine whether any debtor has an ownership
17interest in an account maintained at the financial institution. If the financial
18institution determines that a debtor has an ownership interest in an account at the
19financial institution, the financial institution shall provide the department with a
20notice containing the debtor's name, address of record, social security number or
21other taxpayer identification number, and account information. The account
22information shall include the account number, the account type, the nature of the
23ownership interest in the account, and the balance of the account at the time that the
24record match is made. The notice under this paragraph shall be provided in the

1manner specified in the agreement under sub. (2) (b) and, to the extent feasible, by
2an electronic data exchange.
AB219,71,5 3(4) State matching option. If a financial institution with which the department
4has an agreement under sub. (2) elects the state matching option under this
5subsection, all of the following apply:
AB219,71,146 (a) At least once each calendar quarter, the financial institution shall provide
7the department with information concerning all accounts maintained at the
8financial institution. For each account maintained at the financial institution, the
9financial institution shall notify the department of the name and social security
10number or other tax identification number of each person having an ownership
11interest in the account, together with a description of each person's interest. The
12information required under this paragraph shall be provided in the manner specified
13in the agreement under sub. (2) (b) and, to the extent feasible, by an electronic data
14exchange.
AB219,71,2115 (b) The department shall take actions necessary to determine whether any
16debtor has an ownership interest in an account maintained at the financial
17institution providing information under par. (a). Upon the request of the
18department, the financial institution shall provide to the department, for each
19debtor who matches information provided by the financial institution under par. (a),
20the address of record, the account number and account type, and the balance of the
21account.
AB219,72,7 22(5) Use of information by financial institution; penalty. A financial
23institution participating in the financial record matching program under this
24section, and the employees, agents, officers, and directors of the financial institution,
25may use information received from the department under sub. (3) only for the

1purpose of matching records and may use information provided by the department
2in requesting additional information under sub. (4) only for the purpose of providing
3the additional information. Neither the financial institution nor any employee,
4agent, officer, or director of the financial institution may disclose or retain
5information received from the department concerning debtors. Any person who
6violates this subsection may be fined not less than $50 nor more than $1,000 or
7imprisoned in the county jail for not less than 10 days or more than one year or both.
AB219,72,13 8(6) Use of information by department. The department may use information
9provided by a financial institution under this section only for matching records under
10sub. (4), for administering the financial record matching program under this section,
11and for pursuing the collection of amounts owed to the department by debtors. The
12department may not disclose or retain information received from a financial
13institution under this section concerning account holders who are not debtors.
AB219,72,17 14(7) Financial institution liability. A financial institution is not liable to any
15person for disclosing information to the department in accordance with an
16agreement under this section or for any other action that the financial institution
17takes in good faith to comply with this section.
AB219,107 18Section 107. 108.225 (1) (b) of the statutes is amended to read:
AB219,72,2419 108.225 (1) (b) "Debt" means a delinquent contribution or repayment of a
20benefit overpayment, a delinquent assessment under s. 108.04 (11) (cm) or 108.19
21(1m), a liability incurred under s. 108.04 (11) (bh), an erroneous payment from the
22fund recovered under s. 108.245,
or any liability of a 3rd party for failure to surrender
23to the department property or rights to property subject to levy after proceedings
24under sub. (4) (b) and s. 108.10 to determine that liability.
AB219,108 25Section 108. 108.227 of the statutes is created to read:
AB219,73,3
1108.227 License denial, nonrenewal, discontinuation, suspension and
2revocation based on delinquent unemployment insurance contributions.

3(1) Definitions. In this section:
AB219,73,84 (a) "Contribution" includes contributions under ss. 108.17 and 108.18, interest
5for a nontimely payment or a fee assessed on an employer, an assessment under s.
6108.19, any payment due for a forfeiture imposed upon an employing unit under s.
7108.04 (11) (c), and any other penalty assessed by the department under this chapter
8against an employing unit.
AB219,73,109 (b) "Credential" has the meaning given in s. 440.01 (2) (a), but does not include
10a registration as an inactive licensee under s. 452.12 (6) (b).
AB219,73,1311 (c) "Credentialing board" means a board, examining board or affiliated
12credentialing board in the department of safety and professional services that grants
13a credential.
AB219,73,1714 (d) "Liable for delinquent contributions" means that a person has exhausted
15all of the person's remedies under s. 108.10 to challenge the assertion that the person
16owes the department any contributions and the person is delinquent in the payment
17of those contributions.
AB219,73,1818 (e) "License" means any of the following:
AB219,73,1919 1. An approval specified in s. 29.024 (2r) or a license specified in s. 169.35.
AB219,73,2220 2. A license issued by the department of children and families under s. 48.66
21(1) (a) to a child welfare agency, group home, shelter care facility, or child care center,
22as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
AB219,74,323 3. A license, certificate of approval, provisional license, conditional license,
24certification, certification card, registration, permit, training permit or approval
25specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3)

1(a), 51.45 (8), 146.40 (3) or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2)
2(a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for
3operation of a campground specified in s. 254.47 (1).
AB219,74,44 5. A license, as defined in s. 101.02 (20) (a).
AB219,74,85 6. A license or certificate of registration issued by the department of financial
6institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to
7218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch.
8551.
AB219,74,129 7. A license described in s. 218.0114 (14) (a) and (g), a license described in s.
10218.0114 (14) (b), (c) or (e), a license issued under s. 218.11, 218.12, 218.22, 218.32,
11218.41, 343.61 or 343.62, a buyer identification card issued under s. 218.51 or a
12certificate of registration issued under s. 341.51.
AB219,74,1313 7m. A license issued under s. 562.05 or 563.24.
AB219,74,1414 8. A license, registration or certification specified in s. 299.07 (1) (a).
AB219,74,1515 9. A credential.
AB219,74,1616 10. A license or permit granted by the department of public instruction.
AB219,74,1717 11. A license to practice law.
AB219,74,1918 12. A license issued under s. 628.04, 632.69 (2), or 633.14 or a temporary license
19issued under s. 628.09.
AB219,74,2020 13. A license issued by the government accountability board under s. 13.63 (1).
AB219,74,2121 14. A permit under s. 170.12.
AB219,74,2222 15. A certificate under s. 73.03 (50) or a certification under s. 73.09.
AB219,75,423 (f) "Licensing department" means the department of administration; the board
24of commissioners of public lands; the department of children and families; the
25government accountability board; the department of financial institutions; the

1department of health services; the department of natural resources; the department
2of public instruction; the department of revenue; the department of safety and
3professional services; the office of the commissioner of insurance; or the department
4of transportation.
AB219,75,75 (g) "Nondelinquency certificate" means a certificate that the department of
6workforce development issues to a person and that states that the person is not liable
7for delinquent contributions.
AB219,75,12 8(2) Duties and powers of licensing departments. (a) Each licensing
9department and the supreme court, if the supreme court agrees, shall enter into a
10memorandum of understanding with the department of workforce development
11under sub. (4) (a) that requires the licensing department or supreme court to do all
12of the following:
AB219,75,1813 1. Request the department of workforce development to certify whether an
14applicant for a license or license renewal or continuation is liable for delinquent
15contributions. With respect to an applicant for a license granted by a credentialing
16board, the department of safety and professional services shall make a request under
17this subdivision. This subdivision does not apply to the department of transportation
18with respect to licenses described in sub. (1) (e) 7.
AB219,75,2219 2. Request the department of workforce development to certify whether a
20license holder is liable for delinquent contributions. With respect to a holder of a
21license granted by a credentialing board, the department of safety and professional
22services shall make a request under this subdivision.
AB219,75,2423 (b) Each licensing department and the supreme court, if the supreme court
24agrees, shall do all of the following:
AB219,76,13
11. a. If, after a request is made under par. (a) 1. or 2., the department of
2workforce development certifies that the license holder or applicant for a license or
3license renewal or continuation is liable for delinquent contributions, revoke the
4license or deny the application for the license or license renewal or continuation. The
5department of transportation may suspend licenses described in sub. (1) (e) 7. in lieu
6of revoking those licenses. A suspension, revocation, or denial under this subd. 1. a.
7is not subject to administrative review or, except as provided in sub. (6), judicial
8review. With respect to a license granted by a credentialing board, the department
9of safety and professional services shall make a revocation or denial under this subd.
101. a. With respect to a license to practice law, the department of workforce
11development shall not submit a certification under this subd. 1. a. to the supreme
12court until after the license holder or applicant has exhausted his or her remedies
13under subs. (5) (a) and (6) or has failed to make use of such remedies.
AB219,77,1214 b. Mail a notice of suspension, revocation, or denial under subd. 1. a. to the
15license holder or applicant. The notice shall include a statement of the facts that
16warrant the suspension, revocation, or denial and a statement that the license holder
17or applicant may, within 30 days after the date on which the notice of suspension,
18revocation, or denial is mailed, file a written request with the department of
19workforce development to have the certification of contribution delinquency on
20which the suspension, revocation, or denial is based reviewed at a hearing under sub.
21(5) (a) and that the license holder or applicant may seek judicial review under sub.
22(6) of an affirmation under sub. (5) (b) 2. that the person is liable for delinquent
23contributions. With respect to a license granted by a credentialing board, the
24department of safety and professional services shall mail a notice under this subd.
251. b. With respect to a license to practice law, the department of workforce

1development shall mail a notice under this subd. 1. b. and the notice shall indicate
2that the license holder or applicant may request a hearing under sub. (5) (a) and may
3request judicial review under sub. (6) and that the department of workforce
4development will submit a certificate of delinquency to suspend, revoke, or deny a
5license to practice law to the supreme court after the license holder or applicant has
6exhausted his or her remedies under subs. (5) (a) and (6) or has failed to make use
7of such remedies. A notice sent to a person who holds a license to practice law or who
8is an applicant for a license to practice law shall also indicate that the department
9of workforce development may not submit a certificate of delinquency to the supreme
10court if the license holder or applicant pays the delinquent contributions in full or
11enters into an agreement with the department of workforce development to satisfy
12the delinquency.
AB219,77,1813 2. Except as provided in subd. 2m., if notified by the department of workforce
14development that the department of workforce development has affirmed a
15certification of contribution delinquency after a hearing under sub. (5) (a), affirm a
16suspension, revocation, or denial under subd. 1. a. With respect to a license granted
17by a credentialing board, the department of safety and professional services shall
18make an affirmation under this subdivision.
AB219,77,2219 2m. With respect to a license to practice law, if notified by the department of
20workforce development that the department of workforce development has affirmed
21a certification of contribution delinquency after any requested review under subs. (5)
22(a) and (6), decide whether to suspend, revoke, or deny a license to practice law.
AB219,78,623 3. If a person submits a nondelinquency certificate issued under sub. (5) (b) 1.,
24reinstate the license or grant the application for the license or license renewal or
25continuation, unless there are other grounds for suspending or revoking the license

1or for denying the application for the license or license renewal or continuation. If
2reinstatement is required under this subdivision, a person is not required to submit
3a new application or other material or to take a new test. No separate fee may be
4charged for reinstatement of a license under this subdivision. With respect to a
5license granted by a credentialing board, the department of safety and professional
6services shall reinstate a license or grant an application under this subdivision.
AB219,78,157 4. If a person whose license has been suspended or revoked or whose
8application for a license or license renewal or continuation has been denied under
9subd. 1. a. submits a nondelinquency certificate issued under sub. (3) (a) 2., reinstate
10the license or grant the person's application for the license or license renewal or
11continuation, unless there are other grounds for not reinstating the license or for
12denying the application for the license or license renewal or continuation. With
13respect to a license granted by a credentialing board, the department of safety and
14professional services shall reinstate a license or grant an application under this
15subdivision.
AB219,78,1816 (c) 1. Each licensing department and the supreme court may require a license
17holder or an applicant for a license or license renewal or continuation to provide the
18following information upon request:
AB219,78,2019 a. If the license holder or applicant is an individual and has a social security
20number, the license holder's or applicant's social security number.
AB219,78,2521 am. If the license holder or applicant is an individual and does not have a social
22security number, a statement made or subscribed under oath or affirmation that the
23license holder or applicant does not have a social security number. The form of the
24statement shall be prescribed by the department of children and families. A license
25issued in reliance upon a false statement submitted under this subd. 1. am. is invalid.
AB219,79,2
1b. If the license holder or applicant is not an individual, the license holder's or
2applicant's federal employer identification number.
AB219,79,113 2. A licensing department may not disclose any information received under
4subd. 1. a. or b. to any person except to the department of workforce development for
5the purpose of requesting certifications under par. (a) 1. or 2. in accordance with the
6memorandum of understanding under sub. (4) and administering the
7unemployment insurance program, to the department of revenue for the purpose of
8requesting certifications under s. 73.0301 (2) (a) 1. or 2. in accordance with the
9memorandum of understanding under s. 73.0301 (4) and administering state taxes,
10and to the department of children and families for the purpose of administering s.
1149.22.
AB219,79,13 12(3) Duties and powers of department of workforce development. (a) The
13department of workforce development shall do all of the following:
AB219,79,1514 1. Enter into a memorandum of understanding with each licensing department
15and the supreme court, if the supreme court agrees, under sub. (4) (a).
AB219,79,2016 2. Upon the request of any applicant for issuance, renewal, continuation, or
17reinstatement of a license whose license has been previously revoked or suspended
18or whose application for a license or license renewal or continuation has been
19previously denied under sub. (2) (b) 1. a., issue a nondelinquency certificate to the
20applicant if the applicant is not liable for delinquent contributions.
AB219,79,2421 3. Upon the request of any person whose license or certificate has been
22previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
23103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate
24if the applicant is not liable for delinquent contributions.
AB219,80,5
1(b) If a request for certification is made under sub. (2) (a) 1. or 2., the
2department of workforce development may, in accordance with a memorandum of
3understanding entered into under par. (a) 1., certify to the licensing department or
4the supreme court that the applicant or license holder is liable for delinquent
5contributions.
AB219,80,7 6(4) Memorandum of understanding. (a) Each memorandum of understanding
7shall include procedures that do all of the following:
AB219,80,118 1. Establish requirements for making requests under sub. (2) (a) 1. and 2.,
9including specifying the time when a licensing department or the supreme court
10shall make requests under sub. (2) (a) 1. and 2., and for making certifications under
11sub. (3) (b).
AB219,80,1212 2. Implement the requirements specified in sub. (2) (b) 3. and 4.
AB219,80,1513 (b) The department of workforce development and the licensing department
14shall consider all of the following factors in establishing requirements under par. (a)
151.:
AB219,80,1616 1. The need to issue licenses in a timely manner.
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