SB21: Bill Text

SB21,1214,19 108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the employee declines to submit to a test for the presence of controlled substances in a test conducted on the employee as preemployment screening or the employee tests positive for one or more controlled substances in such a test without evidence of a valid prescription, as evidenced by a report submitted to the department by an employing unit in accordance with s. 108.133 (4). If the employee declines to submit to such a test, the employee shall be ineligible for benefits as if the employee had declined to submit to a test under s. 108.133 (3) (a), beginning with the week in which the department receives the report. If the employee tests positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits as if the employee had tested positive under s. 108.133 (3) (c), beginning with the week in which the department receives the report, except as provided under s. 108.133 (3) (d). The department shall promulgate rules specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.

SB21,3113 Section 3113. 108.04 (11) (bh) of the statutes is amended to read:

SB21,1214,25 108.04 (11) (bh) In addition to ineligibility for benefits resulting from concealment as provided in par. (be), the department shall assess a penalty against the claimant in an amount equal to 15 40 percent of the benefit payments erroneously paid to the claimant as a result of one or more acts of concealment described in pars. (a) and (b).

SB21,3114 Section 3114. 108.10 (4) of the statutes is amended to read:

SB21,1215,10 108.10 (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.

SB21,3115 Section 3115. 108.133 of the statutes is created to read:

SB21,1215,13 108.133 Testing for controlled substances. (1) Definitions. In this section:

SB21,1215,15 (a) Notwithstanding s. 108.02 (9), "controlled substance" has the meaning given in 21 USC 802.

SB21,1215,17 (b) "Job skills assessment" means an assessment conducted by the department under sub. (2) (d).

SB21,1215,20 (c) "Occupation that regularly conducts drug testing" means an occupation identified in the regulations issued by the federal secretary of labor under 42 USC 503 (l) (1) (A) (ii).

SB21,1215,22 (d) "Screening" means the screening process created by the department under sub. (2) (a) 3.

SB21,1215,24 (e) "Substance abuse treatment program" means the program provided by the department under sub. (2) (c).

SB21,1216,3 (f) "Valid prescription" means a prescription, as defined in s. 450.01 (19), for a controlled substance for which the supply of the controlled substance indicated by the prescription has not run out.

SB21,1216,7 (2) Drug testing program. The department shall establish a program to test claimants who apply for regular benefits under this chapter for the presence of controlled substances in accordance with this section and shall, under the program, do all of the following:

SB21,1216,9 (a) Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:

SB21,1216,12 1. Establish a process to test claimants for the presence of controlled substances. In establishing the process, the department shall adhere to any applicable federal requirements regarding drug testing.

SB21,1216,16 2. Identify the parameters for a substance abuse treatment program for claimants who misuse controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program.

SB21,1216,18 3. Create a screening process for determining whether a claimant should be required to submit to a test for the presence of controlled substances.

SB21,1216,21 4. Identify the parameters for a job skills assessment for claimants who misuse controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.

SB21,1216,23 (am) Promulgate rules identifying occupations for which drug testing is regularly conducted in this state.

SB21,1216,25 (b) When a claimant applies for regular benefits under this chapter, do all of the following:

SB21,1217,2 1. Determine whether the claimant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.

SB21,1217,4 2. Determine whether the claimant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am).

SB21,1217,7 3. If the claimant is determined by the department under subd. 1. to be an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the claimant.

SB21,1217,11 4. If the claimant is determined by the department under subd. 2. to be an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), conduct a screening on the claimant if a screening is not already required under subd. 3.

SB21,1217,14 5. If a screening conducted as required under subd. 3. or 4. indicates that the claimant should be required to submit to a test for the presence of controlled substances, require that the claimant submit to such a test.

SB21,1217,16 (c) Create and provide a substance abuse treatment program in accordance with the rules promulgated under par. (a) 2.

SB21,1217,18 (d) Create and conduct job skills assessments in accordance with the rules promulgated under par. (a) 4.

SB21,1217,23 (3) Drug testing. (a) If a claimant is required under sub. (2) (b) 5. to submit to a test for the presence of controlled substances and the claimant declines to submit to such a test, the claimant is ineligible for benefits under this chapter until 52 weeks after the date of the declining or until the claimant qualifies for benefits in a subsequent benefit year, whichever occurs later.

SB21,1218,5 (b) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the presence of controlled substances submits to the test and does not test positive for any controlled substance or the claimant presents evidence satisfactory to the department that the claimant possesses a valid prescription for each controlled substance for which the claimant tests positive, the claimant may receive benefits under this chapter if otherwise eligible and may not be required to submit to any further test for the presence of controlled substances until a subsequent benefit year.

SB21,1218,13 (c) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the presence of controlled substances submits to the test and tests positive for one or more controlled substances without presenting evidence satisfactory to the department that the claimant possesses a valid prescription for each controlled substance for which the claimant tested positive, the claimant is ineligible for benefits under this chapter until 52 weeks after the date of the test or until the claimant qualifies for benefits in a subsequent benefit year, whichever occurs later, except as provided in par. (d).

SB21,1218,21 (d) A claimant who tests positive for one or more controlled substances without presenting evidence of a valid prescription as described in par. (c) may maintain his or her eligibility for benefits under this chapter by enrolling in the substance abuse treatment program and undergoing a job skills assessment. Such a claimant remains eligible for benefits under this chapter, if otherwise eligible, for each week the claimant is in full compliance with any requirements of the substance abuse treatment program and job skills assessment, as determined by the department in accordance with the rules promulgated under sub. (2) (a) 2. and 4.

SB21,1219,8 (4) Preemployment drug testing. (a) An employing unit may, in accordance with the rules promulgated by the department under par. (b), voluntarily submit to the department the results of a test for the presence of controlled substances that was conducted on an individual as preemployment screening or notify the department that an individual declined to submit to such a test as a condition of employment, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par. (b), use that information for purposes of determining eligibility for benefits under s. 108.04 (8) (b).

SB21,1219,9 (b) The department shall promulgate rules necessary to implement par. (a).

SB21,1219,15 (5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and 5., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until the rules required under sub. (2) (a) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) will be implemented.

SB21,1219,20 (b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until the rules required under sub. (2) (am) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (2) (b) 2. and 4. will be implemented.

SB21,1219,25 (c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04 (8) (b) do not apply until the rules required under sub. (4) (b) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (4) (a) and s. 108.04 (8) (b) will be implemented.

SB21,1220,5 (d) The secretary may waive compliance with any provision under this section and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act.

SB21,3116 Section 3116. 108.14 (8n) (e) of the statutes is amended to read:

SB21,1220,20 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or 108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

SB21,3117 Section 3117. 108.14 (27) of the statutes is created to read:

SB21,1220,25 108.14 (27) The department shall promulgate a rule to define what constitutes suitable work for claimants, which shall specify different levels of suitable work based upon the number of weeks that a claimant has received benefits in a given benefit year.

SB21,3118 Section 3118. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:

SB21,1221,3 108.141 (3g) (a) 3. (intro.) Work Notwithstanding s. 108.02 (24g), work is suitable within the meaning of subd. 2. if:

SB21,3119 Section 3119. 108.141 (7) (a) of the statutes is amended to read:

SB21,1221,11 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or 108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.

SB21,3120 Section 3120. 108.16 (6m) (a) of the statutes is amended to read:

SB21,1221,15 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

SB21,3121 Section 3121 . 108.227 (1) (e) 3. of the statutes is amended to read:

SB21,1221,22 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (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 operation of a campground specified in s. 254.47 (1).

SB21,3122 Section 3122 . 108.227 (1) (e) 3. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1222,6 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit license for operation of a campground specified in s. 254.47 (1) 97.67 (1).

SB21,3123 Section 3123. 108.227 (1) (e) 6. of the statutes is amended to read:

SB21,1222,11 108.227 (1) (e) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

SB21,3124 Section 3124. 108.227 (1) (e) 12. of the statutes is amended to read:

SB21,1222,15 108.227 (1) (e) 12. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1), 632.69 (2), or 633.14, a registration under s. 628.92 (2), or a temporary license issued under s. 628.09.

SB21,3125 Section 3125. 108.227 (1) (f) of the statutes is amended to read:

SB21,1222,24 108.227 (1) (f) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

SB21,3126 Section 3126. 108.227 (1m) (intro.) of the statutes is amended to read:

SB21,1223,6 108.227 (1m) General provisions. (intro.) The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:

SB21,3127 Section 3127. 108.227 (3) (a) 3. of the statutes is amended to read:

SB21,1223,11 108.227 (3) (a) 3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.

SB21,3128 Section 3128. 108.227 (5) (a) of the statutes is amended to read:

SB21,1224,4 108.227 (5) (a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).

SB21,3129 Section 3129. 108.227 (5) (b) 1. of the statutes is amended to read:

SB21,1224,14 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.

SB21,3130 Section 3130. 108.227 (5) (b) 2. of the statutes is amended to read:

SB21,1224,24 108.227 (5) (b) 2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.

SB21,3131 Section 3131. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and amended to read:

SB21,1225,9 108.24 (1) (a) Any person who knowingly makes a false statement or representation to obtain any benefit payment under this chapter, either for himself or herself or for any other person, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both; and each such false statement or representation constitutes a separate offense. This may be penalized as provided in par. (b). Any penalty imposed under par. (b) is in addition to any penalty imposed under s. 108.04 (11) (bh).

SB21,3132 Section 3132. 108.24 (1) (b) of the statutes is created to read:

SB21,1225,11 108.24 (1) (b) Whoever violates par. (a):

SB21,1225,13 1. If the value of any benefits obtained does not exceed $2,500, is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB21,1225,15 2. If the value of any benefits obtained exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

SB21,1225,17 3. If the value of any benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

SB21,1225,19 4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G felony.

SB21,3133 Section 3133. 109.03 (1) (c) of the statutes is amended to read:

SB21,1225,22 109.03 (1) (c) Unclassified employees Employees of the University of Wisconsin System Authority.

SB21,3134 Section 3134. 109.09 (2) (c) 1. a. of the statutes is amended to read:

SB21,1225,25 109.09 (2) (c) 1. a. "Commercial lending institution" has the meaning given for "financial institution" in s. 234.01 235.40 (5k).

SB21,3135 Section 3135. 111.335 (1) (cx) of the statutes is amended to read:

SB21,1226,5 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 100.67 (13) (c).

SB21,3136 Section 3136. 111.70 (1) (i) of the statutes is amended to read:

SB21,1226,12 111.70 (1) (i) "Municipal employee" means any individual employed by a municipal employer other than an independent contractor, ; a supervisor, or; a confidential, managerial or executive employee; or an employee who is employed by the University of Wisconsin System Authority who is academic staff, as defined in s. 36.05 (1), who is faculty, as defined in s. 36.05 (8), or who is employed under s. 36.11 (2) (b).

SB21,3137 Section 3137 . 111.70 (1) (j) of the statutes is amended to read:

SB21,1226,20 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

SB21,3138 Section 3138 . 111.70 (1) (j) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1227,4 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.