SB399: Bill Text

SB399,15,5 108.09 (4) (e) 2. If the respondent submits to the appeal tribunal a written explanation for failing to appear at the hearing that is received before a decision favorable to the respondent is electronically delivered or mailed under subd. 1., the appeal tribunal shall acknowledge receipt of the explanation in its decision but shall take no further action concerning the explanation at that time. If the respondent submits to the appeal tribunal a written explanation for failing to appear that is received before a decision unfavorable to the respondent is electronically delivered or mailed under subd. 1., an appeal tribunal shall review the respondent's explanation. The appeal tribunal shall electronically deliver or mail to the appellant a copy of the respondent's explanation. The appellant may, within 7 days after the appeal tribunal electronically delivers or mails the respondent's explanation to the appellant, submit to the appeal tribunal a written response to the respondent's explanation. If the appeal tribunal finds that the respondent's explanation does not establish good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding, and such a decision may be issued without a hearing. The same or another appeal tribunal established by the department for this purpose shall also issue a decision based on the testimony and other evidence presented at the hearing at which the respondent failed to appear. If the appeal tribunal finds that the respondent's explanation establishes good cause for failing to appear, the appeal tribunal shall issue a decision containing this finding, and such a decision may be issued without a hearing. The same or another appeal tribunal established by the department for this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing concerning any matter in the determination. If such a hearing is held concerning any matter in the determination, the appeal tribunal shall only consider testimony and other evidence admitted at that hearing in making a decision.

SB399,22 Section 22. 108.09 (9) (c) of the statutes is amended to read:

SB399,15,11 108.09 (9) (c) If any determination or decision awarding benefits is finally amended, modified, or reversed, any benefits paid to the claimant which that would not have been paid under such the final determination or decision shall be deemed an erroneous payment. Sections 108.04 (13) (c) and (d), 108.16 (3) , and 108.22 (8) shall apply to the charging and recovery of such the erroneous payment.

SB399,23 Section 23. 108.095 (8) of the statutes is amended to read:

SB399,15,15 108.095 (8) The mailing issuance of determinations and decisions under this section shall be first by electronic delivery or 1st class mail and may include the use of services performed by the U.S. postal service requiring the payment of extra fees.

SB399,24 Section 24. 108.10 (1) of the statutes is amended to read:

SB399,16,2 108.10 (1) The department shall investigate the status, and the existence and extent of liability of an employing unit, and may issue an initial determination accordingly. The department may set aside or amend the determination at any time prior to before a hearing on the determination on the basis of subsequent information or to correct a mistake, including an error of law. The department shall electronically deliver a copy of each determination to, or mail a copy of each determination to the last-known address of, the employing unit affected thereby. The employing unit may request a hearing as to any matter in that determination if the request is received by the department or postmarked within 21 days after the mailing department issues the initial determination and in accordance with such procedure as procedures prescribed by the department prescribes by rule.

SB399,25 Section 25. 108.10 (5) of the statutes is amended to read:

SB399,16,7 108.10 (5) The mailing issuance of determinations and decisions provided in subs. (1) to (4) shall be first by electronic delivery or 1st class, mail and may include the use of services performed by the U.S. postal department service requiring the payment of extra fees.

SB399,26 Section 26. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (ar).

SB399,27 Section 27. 108.133 (1) (ag) of the statutes is created to read:

SB399,16,11 108.133 (1) (ag) “Applicant” means an individual who files an initial claim in order to establish a benefit year under this chapter.

SB399,28 Section 28. 108.133 (2) (intro.) of the statutes is amended to read:

SB399,16,16 108.133 (2) Drug testing program. (intro.) The department shall establish a program to test claimants who apply for regular benefits under this chapter applicants for the presence unlawful use of controlled substances in accordance with this section and shall, under the program, do all of the following:

SB399,29 Section 29. 108.133 (2) (a) 1. of the statutes is amended to read:

SB399,16,21 108.133 (2) (a) 1. Identify a process for testing claimants applicants for the presence unlawful use of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing. The department shall pay the reasonable costs of controlled substances testing.

SB399,30 Section 30. 108.133 (2) (a) 2. of the statutes is amended to read:

SB399,17,7 108.133 (2) (a) 2. Identify the parameters for a substance abuse treatment program for claimants applicants who engage in the unlawful use of controlled substances and specify criteria that a claimant an applicant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program. If the rules require that a claimant an applicant enrolled in the substance abuse treatment program submit to additional tests for the presence unlawful use of controlled substances following the initial test conducted under sub. (3) (c), the rules shall allow the claimant applicant to have at least one more positive test result following the initial test without, on that basis, being considered not to be in full compliance with the requirements of the substance abuse treatment program.

SB399,31 Section 31. 108.133 (2) (a) 3. of the statutes is amended to read:

SB399,17,11 108.133 (2) (a) 3. Create a screening process for determining whether there is a reasonable suspicion that a claimant an applicant has engaged in the unlawful use of controlled substances.

SB399,32 Section 32. 108.133 (2) (a) 4. of the statutes is amended to read:

SB399,17,16 108.133 (2) (a) 4. Identify the parameters for a job skills assessment for claimants applicants who engage in the unlawful use of controlled substances and specify criteria that a claimant an applicant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.

SB399,33 Section 33. 108.133 (2) (a) 5. of the statutes is amended to read:

SB399,17,21 108.133 (2) (a) 5. Identify a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for a claimant an applicant to again qualify for benefits after becoming ineligible for benefits under sub. (3) (a) or (c).

SB399,34 Section 34. 108.133 (2) (b) of the statutes is amended to read:

SB399,17,24 108.133 (2) (b) When a claimant an applicant applies for regular benefits under this chapter, do all of the following:

SB399,18,2 1. Determine whether the claimant applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.

SB399,18,7 2. Determine whether the claimant applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), unless the department has already determined that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing under subd. 1.

SB399,18,11 3. If the claimant is determined by the department determines under subd. 1. to be that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the claimant applicant.

SB399,18,16 4. If the claimant is determined by the department determines under subd. 2. to be that the applicant is 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. applicant.

SB399,18,20 5. If a screening conducted as required under subd. 3. or 4. indicates a reasonable suspicion that the claimant applicant has engaged in the unlawful use of controlled substances, require that the claimant applicant submit to a test for the presence unlawful use of controlled substances.

SB399,35 Section 35. 108.133 (3) (a) to (e) of the statutes are amended to read:

SB399,19,2 108.133 (3) (a) If a claimant an applicant is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use of controlled substances and the claimant applicant declines to submit to such a test, the claimant applicant is ineligible for benefits under this chapter until the claimant applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5.

SB399,19,11 (b) If a claimant an applicant who is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use of controlled substances submits to the test and does not test positive for any controlled substance or the claimant applicant presents evidence satisfactory to the department that the claimant applicant possesses a valid prescription for each controlled substance for which the claimant applicant tests positive, the claimant applicant may receive benefits under this chapter if otherwise eligible and may not be required to submit to any further test for the presence unlawful use of controlled substances until a subsequent benefit year.

SB399,19,19 (c) If a claimant an applicant who is required under sub. (2) (b) 5. to submit to a test for the presence unlawful use 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 applicant possesses a valid prescription for each controlled substance for which the claimant applicant tested positive, the claimant applicant is ineligible for benefits under this chapter until the claimant applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5., except as provided in par. (d).

SB399,20,3 (d) A claimant An applicant 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 an applicant remains eligible for benefits under this chapter, if otherwise eligible, for each week the claimant is in full compliance applicant fully complies 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.

SB399,20,10 (e) All information relating to a claimant's an individual's declining to take a test for the unlawful use of controlled substances, testing positive for the unlawful use of controlled substances, prescription medications, medical records, and enrollment and participation in the substance abuse treatment program under this chapter shall, subject to and in accordance with any rules promulgated by the department, be confidential and not subject to the right of inspection or copying under s. 19.35 (1).

SB399,36 Section 36. 108.133 (4) (a) of the statutes is amended to read:

SB399,20,23 108.133 (4) (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 unlawful use of controlled substances that was conducted on an individual as a condition of an offer of employment or notify the department that an individual declined to submit to such a test, 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).

SB399,37 Section 37. 108.133 (4) (c) of the statutes is created to read:

SB399,21,5 108.133 (4) (c) Any employing unit that, in good faith, submits the results of a positive test or notifies the department that an individual declined to submit to a test under par. (a) is immune from civil liability for its acts or omissions with respect to the submission of the positive test results or the notification that the individual declined to submit to the test.

SB399,38 Section 38. 108.15 (3) (a) of the statutes is amended to read:

SB399,21,13 108.15 (3) (a) It The government unit shall file a written notice to that effect of election with the department before the beginning of such that year except that if the government unit became newly subject to this chapter as of the beginning of such year, it shall file the notice or within 30 days after the date of mailing to it a written notification by the department that it issues a determination that the government unit is subject to this chapter. Such , whichever is later. An election under this subsection shall remain in effect for not less than 3 calendar years.

SB399,39 Section 39. 108.15 (5) (b) of the statutes is amended to read:

SB399,21,19 108.15 (5) (b) The department shall monthly bill each government unit for any reimbursements required under this section, and any reimbursement thus billed shall be due and shall be paid by such government unit within 20 days after the date such bill is mailed to it by the department, which shall be due within 20 days after the date the department issues the bill.

SB399,40 Section 40. 108.151 (5) (f) of the statutes is amended to read:

SB399,22,4 108.151 (5) (f) Whenever an employer's reimbursement account has a negative balance as of the close of any calendar month, the fund's treasurer shall promptly bill such electronically deliver to the employer, at its or mail to the employer's last-known address, a bill for that portion of its negative balance which has resulted from the net benefits charged to such the account within such that month. Reimbursement payment shall be due within 20 days thereafter after the date the department issues the bill. Any required payment which that remains unpaid after its applicable due date is a delinquent payment. Section 108.22 shall apply for collecting delinquent payments.

SB399,41 Section 41. 108.155 (4) (intro.) of the statutes is amended to read:

SB399,22,15 108.155 (4) (intro.) The department shall bill assessments an assessment under this section to a reimbursable employer at its , by electronically delivering the assessment to the employer or mailing the assessment to the employer's last known address, in the month of September of each year , and the assessment shall be due to the department within 20 days after the date such bill is mailed by the date the department issues the assessment. Any assessment that remains unpaid after its applicable due date is a delinquent payment. If a reimbursable employer is delinquent in paying an assessment under this section, in addition to pursuing action under the provisions of ss. 108.22 and 108.225, the department may do any of the following:

SB399,42 Section 42. 108.16 (2) (e) of the statutes is amended to read:

SB399,22,22 108.16 (2) (e) Except as provided in par. (em), benefits to shall be charged against a given employer's account shall be so charged as of the date shown by the check that the department issues the payment covering such benefits. Each such check benefit payment shall be promptly mailed issued and shall, in determining the experience or status of such the account for contribution purposes, be deemed paid on the date shown on the check the payment is issued.

SB399,43 Section 43. 108.16 (2) (em) of the statutes is amended to read:

SB399,23,8 108.16 (2) (em) Benefits improperly charged or credited to an employer's account for any reason other than adjustment of payroll amounts between 2 or more employers' accounts shall, when so identified, be credited to or debited from that employer's account and, where appropriate, recharged to the correct employer's account as of the date of correction. Benefits improperly charged or credited to an employer's account as a result of adjustment of payroll amounts between 2 or more employers' accounts shall be so charged or credited and, where appropriate, recharged as of the date shown by the check covering such benefits on which the department issues the benefit payment. This paragraph shall be used solely in determining the experience or status of accounts for contribution purposes.

SB399,44 Section 44. 108.16 (6) (p) of the statutes is created to read:

SB399,23,11 108.16 (6) (p) Any amount transferred from the federal employment security administration account under 42 USC 1101 (d) (1) (B).

SB399,45 Section 45. 108.19 (1m) of the statutes is amended to read:

SB399,24,7 108.19 (1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the federal social security act ( ,42 USC 1321 to 1324). The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due on the 30th day commencing within 30 days after the date on which notice of the assessment is mailed by the department issues the assessment. If the amounts collected from employers under this subsection are in excess of exceed the amounts needed to pay interest due, the department shall use any excess to pay interest owed in subsequent years on advances from the federal unemployment account. If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the balancing account of the fund, the unemployment program integrity fund, or both in amounts determined by the department.

SB399,46 Section 46. 108.19 (1s) (a) 5. of the statutes is created to read:

SB399,24,10 108.19 (1s) (a) 5. Amounts transferred from the appropriation account under s. 20.445 (1) (aL).

SB399,47 Section 47. 108.19 (1s) (a) 6. of the statutes is created to read:

SB399,24,12 108.19 (1s) (a) 6. Assessments under s. 108.225 (4) (b).

SB399,48 Section 48. 108.21 (2) of the statutes is amended to read:

SB399,24,17 108.21 (2) The findings of any such an authorized representative of the department, based on examination of the records of any such employing unit under sub. (1) and embodied in an audit report mailed issued to the employing unit, shall constitute are a determination within the meaning of under s. 108.10.

SB399,49 Section 49. 108.22 (1m) of the statutes is amended to read:

SB399,25,10 108.22 (1m) If an employer any person owes any contributions, reimbursements, or assessments under s. 108.15, 108.151, 108.155, or 108.19 (1m), benefit overpayments, interest, fees, or payments for forfeitures or, other penalties, or any other amount to the department under this chapter and fails to pay the amount owed, the department has a perfected lien upon the employer's right, title, and interest in all of its the person's real and personal property located in this state in the amount finally determined to be owed, plus costs. Except where creation of a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective when upon the earlier of the date on which the amount is first due or the date on which the department issues a determination of the amount owed under s. 108.10 (1) this chapter and shall continue until the amount owed, plus costs and interest to the date of payment, is paid, except as provided in sub. (8) (d). If a lien is initially barred or stayed by bankruptcy or other insolvency law, it shall become effective immediately upon expiration or removal of such bar or stay. The perfected lien does not give the department priority over lienholders, mortgagees, purchasers for value, judgment creditors, and pledges whose interests have been recorded before the department's lien is recorded.

SB399,50 Section 50. 108.22 (1r) of the statutes is amended to read:

SB399,25,19 108.22 (1r) If any employing unit or any individual who is found personally liable under sub. (9) person fails to pay to the department any amount found to be due it in proceedings pursuant to s. 108.10 a covered unemployment compensation debt, as defined in 26 USC 6402 (f) (4), provided that no appeal or review permitted under s. 108.10 this chapter is pending and that the time for taking an appeal or review has expired, the department or any authorized representative of the department may offset set off the amount against a federal tax refund as provided in overpayment under 26 USC 6402 (f).

SB399,51 Section 51. 108.22 (1t) of the statutes is created to read:

SB399,25,25 108.22 (1t) If any person fails to pay to the department any amount under this chapter, provided that no appeal or review permitted under this chapter is pending and that the time for taking an appeal or review has expired, the department or any authorized representative of the department may set off the amount against a refund, overpayment, or disbursement under s. 71.93.

SB399,52 Section 52. 108.22 (2) of the statutes is amended to read:

SB399,26,9 108.22 (2) (a) 1. If any employing unit or any individual who is found personally liable under sub. (9) person fails to pay to the department any amount found to be due it in proceedings pursuant to s. 108.10, provided that no appeal or review permitted under s. 108.10 is pending and that the time for taking an appeal or review has expired or determined to be owed under this chapter, the department or any authorized representative of the department may issue record the lien created under sub. (1m) by issuing a warrant directed to the clerk of circuit court for any county of the state.

SB399,26,13 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the employing unit or individual person mentioned in the warrant and, the amount of the contributions, interest, costs and other fees for which the warrant is issued owed, and the date when such copy on which the warrant is entered.

SB399,26,17 3. A warrant entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the employing unit's or individual's right, title and interest in all real and personal property located in the county where the warrant is entered.

SB399,27,2 4. The department or any authorized representative of the department may thereafter file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the employing unit or individual is found person is located, commanding the sheriff to levy upon and sell sufficient real and personal property of the employing unit or individual person located in that county to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue thereof within 60 days after receipt of the warrant.