SB684,27,72 108.09 (4) (f) 1. Except as provided in par. (e) 3., within Within 21 days after
3its decision was electronically delivered or mailed to the parties, the appeal tribunal
4may, on its own motion, amend or set aside its decision and may thereafter make new
5findings and issue a decision on the basis of evidence previously submitted in such
6case, or the same or another appeal tribunal may make new findings and issue a
7decision after taking additional testimony.
SB684,44 8Section 44. 108.09 (4) (f) 2. (intro.) of the statutes is amended to read:
SB684,27,129 108.09 (4) (f) 2. (intro.) Unless a party or the department has filed a timely
10petition for review of the appeal tribunal decision by the commission, the appeal
11tribunal may set aside or amend an appeal tribunal decision, or portion thereof, at
12any time if the appeal tribunal finds that:
SB684,45 13Section 45. 108.09 (4) (f) 3. of the statutes is amended to read:
SB684,27,2014 108.09 (4) (f) 3. Unless a party or the department has filed a timely petition for
15review of the appeal tribunal decision by the commission, the appeal tribunal may,
16within 2 years after the date of the decision, reopen its decision if it has reason to
17believe that a party offered false evidence or a witness gave false testimony on an
18issue material to its decision. Thereafter, and after receiving additional evidence or
19taking additional testimony, the same or another appeal tribunal may set aside its
20original decision, make new findings, and issue a decision.
SB684,46 21Section 46. 108.09 (4o) of the statutes is amended to read:
SB684,28,2222 108.09 (4o) Departmental records relating to benefit claims. In any hearing
23before an appeal tribunal under this section, a departmental record relating to a
24claim for benefits, other than a report specified in sub. (4m), constitutes prima facie
25evidence, and shall be admissible to prove, that an employer provided or failed to

1provide to the department complete and correct information in a fact-finding
2investigation of the claim, notwithstanding that the record or a statement contained
3in the record may be uncorroborated hearsay and may constitute the sole basis upon
4which issue of the employer's failure is decided, if the parties appearing at the
5hearing have been given an opportunity to review the record at or before the hearing
6and to rebut the information contained in the record. A record of the department that
7is admissible under this subsection shall be regarded as self authenticating and shall
8require no foundational or other testimony for its admissibility, unless the
9circumstances affirmatively indicate a lack of trustworthiness in the record. If such
10a record is admitted and made the basis of a decision, the record may constitute
11substantial evidence under s. 102.23 (6) sub. (7) (f). For purposes of this subsection,
12"departmental record" means a memorandum, report, record, document, or data
13compilation that has been made or maintained by employees of the department in
14the regular course of the department's fact-finding investigation of a benefit claim,
15is contained in the department's paper or electronic files of the benefit claim, and
16relates to the department's investigative inquiries to an employer or statements or
17other matters submitted by the employer or its agent in connection with the
18fact-finding investigation of a benefit claim. A departmental record may not be
19admitted into evidence under this subsection or otherwise used under this
20subsection for any purpose other than to prove whether an employer provided or
21failed to provide to the department complete and correct information in a
22fact-finding investigation of a claim.
SB684,47 23Section 47. 108.09 (5) (b) of the statutes is amended to read:
SB684,29,724 108.09 (5) (b) All testimony at any hearing under this section shall be taken
25down by a stenographer, or
recorded by a recording machine electronic means, but

1need not be transcribed unless either of the parties requests a transcript prior to
2before expiration of that party's right to further appeal under this section and pays
3a fee to the commission in advance, the amount of which shall be established by rule
4of the commission. When the commission provides a transcript is thus furnished to
5one of the parties upon request, the commission shall also provide a copy of the
6transcript shall be furnished the to all other party parties free of charge. The
7transcript fee thus collected shall be paid to the administrative account.
SB684,48 8Section 48. 108.09 (5) (c) of the statutes is repealed and recreated to read:
SB684,29,109 108.09 (5) (c) The department shall furnish a copy of the electronic recording
10to the parties upon payment of any fee required by the department by rule.
SB684,49 11Section 49. 108.09 (5) (d) of the statutes is amended to read:
SB684,29,2212 108.09 (5) (d) In its review of the decision of an appeal tribunal, the commission
13shall use the electronic recording of the hearing or a written synopsis of the
14testimony and other evidence taken at a hearing or shall use a transcript of the
15hearing prepared, under the direction of the department or commission, by an
16employee of the department, an employee of the commission or a contractor. If a
17party shows to the commission that a synopsis is not sufficiently complete and
18accurate to fairly reflect the relevant and material testimony and other evidence
19taken, the commission shall direct the preparation of a transcript. If a transcript is
20prepared, the transcript shall indicate the transcriber's name and whether the
21transcriber is an employee of the department, an employee of the commission, or a
22contractor
and shall also use any other evidence taken at the hearing.
SB684,50 23Section 50. 108.09 (6) (a) of the statutes is amended to read:
SB684,30,724 108.09 (6) (a) The department or any party may petition the commission for
25review of an appeal tribunal decision, pursuant to commission rules promulgated by

1the commission
, if such the petition is received by the department or commission or
2postmarked within 21 days after the appeal tribunal decision was electronically
3delivered to the party or
mailed to the party's last-known address. The commission
4shall dismiss any petition if not timely filed unless the petitioner shows probable
5good cause that the reason for having failed to file the petition timely was beyond the
6control of the petitioner. If the petition is not dismissed, the commission may take
7action under par. (d).
SB684,51 8Section 51. 108.09 (6) (b) of the statutes is amended to read:
SB684,30,119 108.09 (6) (b) Within 28 days after a decision of the commission is electronically
10delivered or
mailed to the parties, the commission may, on its own motion, set aside
11the decision for further consideration and take action under par. (d).
SB684,52 12Section 52. 108.09 (6) (c) of the statutes is amended to read:
SB684,30,2213 108.09 (6) (c) On its own motion, for reasons it deems sufficient, the commission
14may set aside any final determination of the department or appeal tribunal or
15commission decision within 2 years from after the date thereof upon grounds of
16mistake or newly discovered evidence, and take action under par. (d). The
17commission may set aside any final determination of the department or any decision
18of an appeal tribunal or of the commission at any time, and take action under par.
19(d), if the benefits paid or payable to a claimant have been affected by wages earned
20by the claimant which that have not been paid, and the commission is provided with
21notice from the appropriate state or federal court or agency that a wage claim for
22those wages will not be paid in whole or in part.
SB684,53 23Section 53. 108.09 (6) (d) of the statutes is amended to read:
SB684,31,324 108.09 (6) (d) In any case before the commission for action under this
25subsection, the commission may affirm, reverse, modify, or set aside the decision on

1the basis of the evidence previously submitted, may; order the taking of additional
2evidence as to such matters as it may direct, or it may ; or remand the matter to the
3department for further proceedings.
SB684,54 4Section 54. 108.09 (7) (a) and (b) of the statutes are amended to read:
SB684,31,175 108.09 (7) (a) The department or either Any party that is not the department
6may commence an action for the judicial review of a decision of the commission under
7this chapter after exhausting the remedies provided under this section if the party
8or the department has commenced such action in accordance with s. 102.23 within
930 days after a decision of the commission is mailed to a party's last-known address
.
10The department may commence an action for the judicial review of a commission
11decision under this section, but the department is not required to have been a party
12to the proceedings before the commission or to have exhausted the remedies provided
13under this section. In an action commenced under this section by a party that is not
14the department, the department shall be a defendant and shall be named as a party
15in the complaint commencing the action. If a plaintiff fails to name either the
16department or the commission as defendants and serve the commission as required
17by this subsection, the court shall dismiss the action
.
SB684,32,218 (b) Any judicial review under this chapter shall be confined to questions of law,
19and the provisions of ch. 102 with respect to judicial review of orders and awards
20shall likewise apply to any decision of the commission reviewed under this section

21and shall be in accordance with this subsection. In any such judicial action, the
22commission may appear by any licensed attorney who is a salaried employee of the
23commission and has been designated by it for this that purpose, or, at the
24commission's request, by the department of justice. In any such judicial action, the

1department may appear by any licensed attorney who is a salaried employee of the
2department and has been designated by it for that purpose.
SB684,55 3Section 55. 108.09 (7) (c) to (h) of the statutes are created to read:
SB684,32,164 108.09 (7) (c) 1. The findings of fact made by the commission acting within its
5powers shall, in the absence of fraud, be conclusive. The order of the commission is
6subject to review only as provided in this subsection and not under ch. 227 or s.
7801.02. Within 30 days after the date of an order made by the commission, any party
8or the department may, by serving a complaint as provided in subd. 3. and filing the
9summons and complaint with the clerk of the circuit court, commence an action
10against the commission for judicial review of the order. In an action for judicial
11review of a commission order, every other party to the proceedings before the
12commission shall be made a defendant. The department shall also be made a
13defendant if the department is not the plaintiff. If the circuit court is satisfied that
14a party in interest has been prejudiced because of an exceptional delay in the receipt
15of a copy of any order, the circuit court may extend the time in which an action may
16be commenced by an additional 30 days.
SB684,32,2417 2. Except as provided in this subdivision, the proceedings shall be in the circuit
18court of the county where the plaintiff resides, except that if the plaintiff is the
19department, the proceedings shall be in the circuit court of the county where a
20defendant other than the commission resides. The proceedings may be brought in
21any circuit court if all parties appearing in the case agree or if the court, after notice
22and a hearing, so orders. Commencing an action in a county in which no defendant
23resides does not deprive the court of competency to proceed to judgment on the merits
24of the case.
SB684,33,7
13. In such an action, a complaint shall be served with an authenticated copy
2of the summons. The complaint need not be verified, but shall state the grounds upon
3which a review is sought. Service upon the commission or an agent authorized by
4the commission to accept service constitutes complete service on all parties, but there
5shall be left with the person so served as many copies of the summons and complaint
6as there are defendants, and the commission shall mail one copy to each other
7defendant.
SB684,33,118 4. Each defendant shall serve its answer within 20 days after the service upon
9the commission under subd. 3., which answer may, by way of counterclaim or cross
10complaint, ask for the review of the order referred to in the complaint, with the same
11effect as if the defendant had commenced a separate action for the review of the order.
SB684,33,2012 5. Within 60 days after appearing in an action for judicial review, the
13commission shall make return to the court of all documents and materials on file in
14the matter, all testimony that has been taken, and the commission's order and
15findings. Such return of the commission, when filed in the office of the clerk of the
16circuit court, shall constitute a judgment roll in the action, and it shall not be
17necessary to have a transcript approved. After the commission makes return of the
18judgment roll to the court, the court shall schedule briefing by the parties. Any party
19may request oral argument before the court, subject to the provisions of law for a
20change of the place of trial or the calling in of another judge.
SB684,33,2221 6. The court may confirm or set aside the commission's order, but may set aside
22the order only upon one or more of the following grounds:
SB684,33,2323 a. That the commission acted without or in excess of its powers.
SB684,33,2424 b. That the order was procured by fraud.
SB684,33,2525 c. That the findings of fact by the commission do not support the order.
SB684,34,3
1(dm) The court shall disregard any irregularity or error of the commission or
2the department unless it is made to affirmatively appear that a party was damaged
3by that irregularity or error.
SB684,34,64 (e) The record in any case shall be transmitted to the commission within 5 days
5after expiration of the time for appeal from the order or judgment of the court, unless
6an appeal is taken from the order or judgment.
SB684,34,127 (f) If the commission's order depends on any fact found by the commission, the
8court shall not substitute its judgment for that of the commission as to the weight
9or credibility of the evidence on any finding of fact. The court may, however, set aside
10the commission's order and remand the case to the commission if the commission's
11order depends on any material and controverted finding of fact that is not supported
12by credible and substantial evidence.
SB684,34,1413 (g) Any party aggrieved by a judgment entered upon the review of any circuit
14court order under this subsection may appeal as provided in ch. 808.
SB684,34,1615 (h) The clerk of any court rendering a decision affecting a decision of the
16commission shall promptly furnish all parties a copy of the decision without charge.
SB684,56 17Section 56. 108.09 (7) (d) of the statutes is renumbered 108.09 (7) (i) and
18amended to read:
SB684,34,2519 108.09 (7) (i) Notwithstanding ss. 102.26 (1) and 814.245, upon review of a
20decision of the commission under this chapter
No fees may be charged by the clerk
21of any circuit court for the performance of any service required by this chapter, except
22for the entry of judgments and for certified transcripts of judgments. In proceedings
23to review an order under this section
, costs as between the parties shall be in the
24discretion of the court, but. Notwithstanding s. 814.245, no costs may be taxed
25against the commission or the department.
SB684,57
1Section 57. 108.095 (2) of the statutes is amended to read:
SB684,35,112 108.095 (2) The department shall investigate whether any person has obtained
3benefits that were payable to another person by means of any false statement or
4representation, and may issue an initial determination concerning its findings. The
5department shall electronically deliver a copy of the determination to, or mail a copy
6of the determination to the last-known address of, each party affected thereby.
7Unless designated by a determination under this section, an employing unit is not
8a party to the determination. The department may set aside or amend the
9determination at any time prior to a hearing concerning the determination under
10sub. (5) on the basis of subsequent information or to correct a mistake, including an
11error of law.
SB684,58 12Section 58. 108.095 (3) of the statutes is amended to read:
SB684,35,1613 108.095 (3) Any party to a determination may appeal that determination by
14requesting a hearing concerning any matter in that determination if the request is
15received by the department or postmarked within 14 days after the electronic
16delivery or
mailing.
SB684,59 17Section 59. 108.095 (7) of the statutes is amended to read:
SB684,35,2318 108.095 (7) Any party may commence an action for judicial review of a decision
19of the commission under this section, after exhausting the remedies provided under
20this section, by commencing the action within 30 days after the decision of the
21commission is delivered electronically or mailed to the department and is delivered
22electronically to, or mailed to
the last-known address of, each other party. The scope
23and manner of judicial review is the same as that provided in s. 108.09 (7).
SB684,60 24Section 60. 108.10 (1) of the statutes is amended to read:
SB684,36,10
1108.10 (1) The department shall investigate the status, and the existence and
2extent of liability of an employing unit, and may issue an initial determination
3accordingly. The department may set aside or amend the determination at any time
4prior to a hearing on the determination on the basis of subsequent information or to
5correct a mistake, including an error of law. The department shall electronically
6deliver a copy of each determination to, or
mail a copy of each determination to the
7last-known address of, the employing unit affected thereby. The employing unit may
8request a hearing as to any matter in that determination if the request is received
9by the department or postmarked within 21 days after the mailing and in accordance
10with such procedure as the department prescribes by rule.
SB684,61 11Section 61. 108.10 (2) of the statutes is amended to read:
SB684,36,1712 108.10 (2) Any hearing duly requested shall be held before an appeal tribunal
13established as provided by s. 108.09 (3), and s. 108.09 (4) and (5) shall be applicable
14to the proceedings before such tribunal. The department may be a party in any
15proceedings before an appeal tribunal.
The employing unit or the department may
16petition the commission for review of the appeal tribunal's decision under s. 108.09
17(6).
SB684,62 18Section 62. 108.10 (4) of the statutes is amended to read:
SB684,37,1019 108.10 (4) The department or the employing unit may commence an action for
20the judicial review of a commission decision under this section, provided the
21department, or
the employing unit, after exhausting has exhausted the remedies
22provided under this section, has commenced such action within 30 days after such
23decision was mailed to the employing unit's last-known address
. The department
24may commence an action for the judicial review of a commission decision under this
25section, but the department is not required to have been a party to the proceedings

1before the commission or to have exhausted the remedies provided under this
2section. In an action commenced under this section by a party that is not the
3department, the department shall be a defendant and shall be named as a party in
4the complaint commencing the action. If a plaintiff fails to name either the
5department or the commission as defendants and serve them as required under s.
6108.09 (7), the court shall dismiss the action
. The scope of judicial review, and the
7manner thereof insofar as applicable, shall be the same as that provided in s. 108.09
8(7). In an action commenced by an employing unit under this section, the department
9shall be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the
10complaint commencing the action.
SB684,63 11Section 63. 108.10 (6) of the statutes is amended to read:
SB684,37,1812 108.10 (6) Any determination by the department or any decision by an appeal
13tribunal or by the commission is conclusive with respect to an employing unit unless
14it the department or the employing unit files a timely request for a hearing or petition
15for review as provided in this section. A determination or decision is binding upon
16the department only insofar as the relevant facts were included in the record which
17that was before the department at the time the determination was issued, or before
18the appeal tribunal or commission at the time the decision was issued.
SB684,64 19Section 64. 108.14 (8n) (e) of the statutes, as affected by 2015 Wisconsin Act
2055
, is amended to read:
SB684,38,921 108.14 (8n) (e) The department shall charge this state's share of any benefits
22paid under this subsection to the account of each employer by which the employee
23claiming benefits was employed in the applicable base period, in proportion to the
24total amount of wages he or she earned from each employer in the base period, except
25that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),

1108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) would have applied to employment by such
2an employer who is subject to the contribution requirements of ss. 108.17 and 108.18,
3the department shall charge the share of benefits based on employment with that
4employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
5would have applied to an employer that is not subject to the contribution
6requirements of ss. 108.17 and 108.18, the department shall charge the share of
7benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The
8department shall also charge the fund's balancing account with any other state's
9share of such benefits pending reimbursement by that state.
SB684,65 10Section 65. 108.14 (27) of the statutes, as created by 2015 Wisconsin Act 55,
11is repealed.
SB684,66 12Section 66 . 108.141 (3g) (a) 3. (intro.) of the statutes, as affected by 2015
13Wisconsin Act 55
, is amended to read:
SB684,38,1514 108.141 (3g) (a) 3. (intro.) Notwithstanding s. 108.02 (24g), work Work is
15suitable within the meaning of subd. 2. if:
SB684,67 16Section 67. 108.141 (4) of the statutes is amended to read:
SB684,38,2117 108.141 (4) Weekly extended benefit rate. The weekly extended benefit rate
18payable to an individual for a week of total unemployment is the same as the rate
19payable to the individual for regular benefits during his or her most recent benefit
20year as determined under s. 108.05 (1). No adjustment of rates under s. 108.05 (2)
21applies to benefits payable under this section.
SB684,68 22Section 68. 108.141 (7) (a) of the statutes, as affected by 2015 Wisconsin Act
2355
, is amended to read:
SB684,39,524 108.141 (7) (a) The department shall charge the state's share of each week of
25extended benefits to each employer's account in proportion to the employer's share

1of the total wages of the employee receiving the benefits in the employee's base
2period, except that if the employer is subject to the contribution requirements of ss.
3108.17 and 108.18 the department shall charge the share of extended benefits to
4which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
5108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) applies to the fund's balancing account.
SB684,69 6Section 69. 108.151 (3) (b) of the statutes is renumbered 108.151 (3) (b) (intro.)
7and amended to read:
SB684,39,108 108.151 (3) (b) (intro.) The department may terminate any election as of the
9close of any calendar year if the department determines that the any of the following
10applies:
SB684,39,11 111. The employer has failed to make the required reimbursement payments or.
SB684,39,13 123. The employer no longer satisfies the requirements of sub. (4), or whenever
13s.
.
SB684,39,14 144. Section 108.16 (8) applies with respect to the employer.
SB684,70 15Section 70. 108.151 (3) (b) 2. of the statutes is created to read:
SB684,39,1716 108.151 (3) (b) 2. The employer has failed to pay the required assessments
17authorized by sub. (7) or s. 108.155.
SB684,71 18Section 71. 108.151 (4) (b) of the statutes is amended to read:
SB684,40,719 108.151 (4) (b) The fund's treasurer shall issue a receipt to the employer for its
20deposit of assurance. Any assurances shall be retained by the fund's treasurer in
21escrow, for the fund, until the employer's liability under its election is terminated,
22at which time they shall be returned to the employer, less any deductions made under
23this paragraph. The employer may at any time substitute assurances of equal or
24greater value. The treasurer may, with 10 days' notice to the employer, liquidate the
25assurances deposited to the extent necessary to satisfy any delinquent

1reimbursements or assessments due under this section or s. 108.155 together with
2any interest and any tardy filing fees due. The treasurer shall hold in escrow any
3cash remaining from the sale of the assurances, without interest. The fund's
4treasurer shall require the employer within 30 days following any liquidation of
5deposited assurances to deposit sufficient additional assurances to make whole the
6employer's deposit at the prior level. Any income from assurances held in escrow
7shall inure to and be the property of the employer.
SB684,72 8Section 72. 108.152 (6) (a) (intro.) of the statutes is amended to read:
SB684,40,129 108.152 (6) (a) (intro.) If an Indian tribe or tribal unit fails to pay required
10contributions, reimbursements in lieu of contributions, penalties, interest, or fees,
11or assessments
within 90 days of the time that the department transmits to the tribe
12a final notice of delinquency:
SB684,73 13Section 73. 108.155 of the statutes is created to read:
SB684,40,15 14108.155 Liability of reimbursable employers for identity theft. (1) In
15this section:
SB684,40,1616 (a) "Payroll" has the meaning given in s. 108.02 (21) (a).
SB684,40,1817 (b) "Reimbursable employer" means an employer under s. 108.02 (13) (a) that
18is subject to reimbursement financing under s. 108.15, 108.151, or 108.152.
SB684,40,23 19(2) (a) On the effective date of this paragraph .... [LRB inserts date], the fund's
20treasurer shall set aside $2,000,000 in the balancing account for accounting
21purposes. On an ongoing basis, the fund's treasurer shall tally the amounts allocated
22to reimbursable employers' accounts under s. 108.04 (13) (d) 4. c. and deduct those
23amounts from the amount set aside plus any interest calculated thereon.
SB684,40,2524 (b) On each June 30, beginning with June 30, 2016, the fund's treasurer shall
25do all of the following:
SB684,41,1
11. Determine the current result of the calculations described in par. (a).
SB684,41,32 2. Determine the amount that was allocated to reimbursable employers'
3accounts under s. 108.04 (13) (d) 4. c. in the preceding calendar year.
SB684,41,54 (c) Annually, beginning with the first year in which the amount determined
5under par. (b) 1. is less than $100,000, the department shall proceed as follows:
SB684,41,96 1. If the sum of the amount determined under par. (b) 2. in the current year and
7any amount carried over under subd. 2. or 3. from the preceding year is $20,000 or
8more, the department shall, subject to subd. 3., assess reimbursable employers for
9that sum.
SB684,41,1310 2. If the sum of the amount determined under par. (b) 2. in the current year and
11any amount carried over under this subdivision or subd. 3. from the preceding year
12is less than $20,000 the department shall, subject to subd. 4., postpone the current
13year's assessment by carrying that sum over to the following year.
SB684,41,1714 3. If the sum of the amount determined under par. (b) 2. in the current year and
15any amount carried over under this subdivision or subd. 2. from the preceding year
16is more than $200,000, the department shall postpone the amount of the assessment
17that exceeds $200,000 by carrying that amount over to the following year.
SB684,41,2118 4. If the department postponed assessments under subd. 2. in each of the 4
19previous years, the department shall, subject to subd. 3., assess reimbursable
20employers for the sum of the amount determined under par. (b) 2. in the current year
21and the amount carried over under subd. 2. from the preceding year.
SB684,42,322 (d) If the department assesses reimbursable employers under par. (c), the
23department shall determine the amount of assessments to be levied as provided in
24sub. (3), and the fund's treasurer shall notify reimbursable employers that the
25assessment will be imposed. Except as provided in sub. (3) (c), the assessment shall

1be payable by each reimbursable employer that is subject to this chapter as of the
2date the assessment is imposed. Assessments imposed under this section shall be
3credited to the balancing account.
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