SB399,15,55 108.09 (4) (e) 2. If the respondent submits to the appeal tribunal a written
6explanation for failing to appear at the hearing that is received before a decision
7favorable to the respondent is electronically delivered or mailed under subd. 1., the
8appeal tribunal shall acknowledge receipt of the explanation in its decision but shall
9take no further action concerning the explanation at that time. If the respondent
10submits to the appeal tribunal a written explanation for failing to appear that is
11received before a decision unfavorable to the respondent is electronically delivered
12or mailed under subd. 1., an appeal tribunal shall review the respondent's
13explanation. The appeal tribunal shall electronically deliver or mail to the appellant
14a copy of the respondent's explanation. The appellant may, within 7 days after the
15appeal tribunal electronically delivers or mails the respondent's explanation to the
16appellant, submit to the appeal tribunal a written response to the respondent's
17explanation. If the appeal tribunal finds that the respondent's explanation does not
18establish good cause for failing to appear, the appeal tribunal shall issue a decision
19containing this finding, and such a decision may be issued without a hearing. The
20same or another appeal tribunal established by the department for this purpose shall
21also issue a decision based on the testimony and other evidence presented at the
22hearing at which the respondent failed to appear.
If the appeal tribunal finds that
23the respondent's explanation establishes good cause for failing to appear, the appeal
24tribunal shall issue a decision containing this finding, and such a decision may be
25issued without a hearing. The same or another appeal tribunal established by the

1department for this purpose shall then issue a decision under sub. (3) (b) after
2conducting a hearing concerning any matter in the determination. If such a hearing
3is held concerning any matter in the determination, the appeal tribunal shall only
4consider testimony and other evidence admitted at that hearing in making a
5decision.
SB399,22 6Section 22. 108.09 (9) (c) of the statutes is amended to read:
SB399,15,117 108.09 (9) (c) If any determination or decision awarding benefits is finally
8amended, modified, or reversed, any benefits paid to the claimant which that would
9not have been paid under such the final determination or decision shall be deemed
10an erroneous payment. Sections 108.04 (13) (c) and (d), 108.16 (3) , and 108.22 (8)
11shall apply to the charging and recovery of such the erroneous payment.
SB399,23 12Section 23. 108.095 (8) of the statutes is amended to read:
SB399,15,1513 108.095 (8) The mailing issuance of determinations and decisions under this
14section shall be first by electronic delivery or 1st class mail and may include the use
15of services performed by the U.S. postal service requiring the payment of extra fees.
SB399,24 16Section 24. 108.10 (1) of the statutes is amended to read:
SB399,16,217 108.10 (1) The department shall investigate the status, and the existence and
18extent of liability of an employing unit, and may issue an initial determination
19accordingly. The department may set aside or amend the determination at any time
20prior to before a hearing on the determination on the basis of subsequent information
21or to correct a mistake, including an error of law. The department shall electronically
22deliver a copy of each determination to, or mail a copy of each determination to the
23last-known address of, the employing unit affected thereby. The employing unit may
24request a hearing as to any matter in that determination if the request is received
25by the department or postmarked within 21 days after the mailing department

1issues the initial determination
and in accordance with such procedure as
2procedures prescribed by the department prescribes by rule.
SB399,25 3Section 25. 108.10 (5) of the statutes is amended to read:
SB399,16,74 108.10 (5) The mailing issuance of determinations and decisions provided in
5subs. (1) to (4) shall be first by electronic delivery or 1st class, mail and may include
6the use of services performed by the U.S. postal department service requiring the
7payment of extra fees.
SB399,26 8Section 26. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (ar).
SB399,27 9Section 27. 108.133 (1) (ag) of the statutes is created to read:
SB399,16,1110 108.133 (1) (ag) “Applicant” means an individual who files an initial claim in
11order to establish a benefit year under this chapter.
SB399,28 12Section 28. 108.133 (2) (intro.) of the statutes is amended to read:
SB399,16,1613 108.133 (2) Drug testing program. (intro.) The department shall establish a
14program to test claimants who apply for regular benefits under this chapter
15applicants for the presence unlawful use of controlled substances in accordance with
16this section and shall, under the program, do all of the following:
SB399,29 17Section 29. 108.133 (2) (a) 1. of the statutes is amended to read:
SB399,16,2118 108.133 (2) (a) 1. Identify a process for testing claimants applicants for the
19presence unlawful use of controlled substances. The department shall ensure that
20the process adheres to any applicable federal requirements regarding drug testing.
21The department shall pay the reasonable costs of controlled substances testing.
SB399,30 22Section 30. 108.133 (2) (a) 2. of the statutes is amended to read:
SB399,17,723 108.133 (2) (a) 2. Identify the parameters for a substance abuse treatment
24program for claimants applicants who engage in the unlawful use of controlled
25substances and specify criteria that a claimant an applicant must satisfy in order

1to be considered in full compliance with requirements of the substance abuse
2treatment program. If the rules require that a claimant an applicant enrolled in the
3substance abuse treatment program submit to additional tests for the presence
4unlawful use of controlled substances following the initial test conducted under sub.
5(3) (c), the rules shall allow the claimant applicant to have at least one more positive
6test result following the initial test without, on that basis, being considered not to be
7in full compliance with the requirements of the substance abuse treatment program.
SB399,31 8Section 31. 108.133 (2) (a) 3. of the statutes is amended to read:
SB399,17,119 108.133 (2) (a) 3. Create a screening process for determining whether there is
10a reasonable suspicion that a claimant an applicant has engaged in the unlawful use
11of controlled substances.
SB399,32 12Section 32. 108.133 (2) (a) 4. of the statutes is amended to read:
SB399,17,1613 108.133 (2) (a) 4. Identify the parameters for a job skills assessment for
14claimants applicants who engage in the unlawful use of controlled substances and
15specify criteria that a claimant an applicant must satisfy in order to be considered
16in full compliance with the requirements of the job skills assessment.
SB399,33 17Section 33. 108.133 (2) (a) 5. of the statutes is amended to read:
SB399,17,2118 108.133 (2) (a) 5. Identify a period of ineligibility that must elapse or a
19requalification requirement that must be satisfied, or both, in order for a claimant
20an applicant to again qualify for benefits after becoming ineligible for benefits under
21sub. (3) (a) or (c).
SB399,34 22Section 34. 108.133 (2) (b) of the statutes is amended to read:
SB399,17,2423 108.133 (2) (b) When a claimant an applicant applies for regular benefits under
24this chapter, do all of the following:
SB399,18,2
11. Determine whether the claimant applicant is an individual for whom
2suitable work is only available in an occupation that regularly conducts drug testing.
SB399,18,73 2. Determine whether the claimant applicant is an individual for whom
4suitable work is only available in an occupation identified in the rules promulgated
5under par. (am), unless the department has already determined that the applicant
6is an individual for whom suitable work is only available in an occupation that
7regularly conducts drug testing under subd. 1
.
SB399,18,118 3. If the claimant is determined by the department determines under subd. 1.
9to be that the applicant is an individual for whom suitable work is only available in
10an occupation that regularly conducts drug testing, conduct a screening on the
11claimant applicant.
SB399,18,1612 4. If the claimant is determined by the department determines under subd. 2.
13to be that the applicant is an individual for whom suitable work is only available in
14an occupation identified in the rules promulgated under par. (am), conduct a
15screening on the claimant if a screening is not already required under subd. 3.
16applicant.
SB399,18,2017 5. If a screening conducted as required under subd. 3. or 4. indicates a
18reasonable suspicion that the claimant applicant has engaged in the unlawful use
19of controlled substances, require that the claimant applicant submit to a test for the
20presence unlawful use of controlled substances.
SB399,35 21Section 35. 108.133 (3) (a) to (e) of the statutes are amended to read:
SB399,19,222 108.133 (3) (a) If a claimant an applicant is required under sub. (2) (b) 5. to
23submit to a test for the presence unlawful use of controlled substances and the
24claimant applicant declines to submit to such a test, the claimant applicant is

1ineligible for benefits under this chapter until the claimant applicant is again eligible
2for benefits as provided in the rules promulgated under sub. (2) (a) 5.
SB399,19,113 (b) If a claimant an applicant who is required under sub. (2) (b) 5. to submit
4to a test for the presence unlawful use of controlled substances submits to the test
5and does not test positive for any controlled substance or the claimant applicant
6presents evidence satisfactory to the department that the claimant applicant
7possesses a valid prescription for each controlled substance for which the claimant
8applicant tests positive, the claimant applicant may receive benefits under this
9chapter if otherwise eligible and may not be required to submit to any further test
10for the presence unlawful use of controlled substances until a subsequent benefit
11year.
SB399,19,1912 (c) If a claimant an applicant who is required under sub. (2) (b) 5. to submit
13to a test for the presence unlawful use of controlled substances submits to the test
14and tests positive for one or more controlled substances without presenting evidence
15satisfactory to the department that the claimant applicant possesses a valid
16prescription for each controlled substance for which the claimant applicant tested
17positive, the claimant applicant is ineligible for benefits under this chapter until the
18claimant applicant is again eligible for benefits as provided in the rules promulgated
19under sub. (2) (a) 5., except as provided in par. (d).
SB399,20,320 (d) A claimant An applicant who tests positive for one or more controlled
21substances without presenting evidence of a valid prescription as described in par.
22(c) may maintain his or her eligibility for benefits under this chapter by enrolling in
23the substance abuse treatment program and undergoing a job skills assessment.
24Such a claimant an applicant remains eligible for benefits under this chapter, if
25otherwise eligible, for each week the claimant is in full compliance applicant fully

1complies
with any requirements of the substance abuse treatment program and job
2skills assessment, as determined by the department in accordance with the rules
3promulgated under sub. (2) (a) 2. and 4.
SB399,20,104 (e) All information relating to a claimant's an individual's declining to take a
5test for the unlawful use of controlled substances, testing positive for the unlawful
6use of controlled substances, prescription medications, medical records, and

7enrollment and participation in the substance abuse treatment program under this
8chapter
shall, subject to and in accordance with any rules promulgated by the
9department, be confidential and not subject to the right of inspection or copying
10under s. 19.35 (1).
SB399,36 11Section 36. 108.133 (4) (a) of the statutes is amended to read:
SB399,20,2312 108.133 (4) (a) An employing unit may, in accordance with the rules
13promulgated by the department under par. (b), voluntarily submit to the department
14the results of a test for the presence unlawful use of controlled substances that was
15conducted on an individual as a condition of an offer of employment or notify the
16department that an individual declined to submit to such a test, along with
17information necessary to identify the individual. Upon receipt of any such results
18of a test conducted and certified in a manner approved by the department or
19notification that an individual declined to submit to such a test, the department shall
20determine whether the individual is a claimant receiving benefits. If the individual
21is a claimant receiving benefits, the department shall, in accordance with rules
22promulgated by the department under par. (b), use that information for purposes of
23determining eligibility for benefits under s. 108.04 (8) (b).
SB399,37 24Section 37. 108.133 (4) (c) of the statutes is created to read:
SB399,21,5
1108.133 (4) (c) Any employing unit that, in good faith, submits the results of
2a positive test or notifies the department that an individual declined to submit to a
3test under par. (a) is immune from civil liability for its acts or omissions with respect
4to the submission of the positive test results or the notification that the individual
5declined to submit to the test.
SB399,38 6Section 38. 108.15 (3) (a) of the statutes is amended to read:
SB399,21,137 108.15 (3) (a) It The government unit shall file a written notice to that effect
8of election with the department before the beginning of such that year except that
9if the government unit became newly subject to this chapter as of the beginning of
10such year, it shall file the notice
or within 30 days after the date of mailing to it a
11written notification by
the department that it issues a determination that the
12government unit
is subject to this chapter. Such , whichever is later. An election
13under this subsection shall remain in effect for not less than 3 calendar years.
SB399,39 14Section 39. 108.15 (5) (b) of the statutes is amended to read:
SB399,21,1915 108.15 (5) (b) The department shall monthly bill each government unit for any
16reimbursements required under this section, and any reimbursement thus billed
17shall be due and shall be paid by such government unit within 20 days after the date
18such bill is mailed to it by the department
, which shall be due within 20 days after
19the date the department issues the bill
.
SB399,40 20Section 40. 108.151 (5) (f) of the statutes is amended to read:
SB399,22,421 108.151 (5) (f) Whenever an employer's reimbursement account has a negative
22balance as of the close of any calendar month, the fund's treasurer shall promptly bill
23such
electronically deliver to the employer, at its or mail to the employer's
24last-known address, a bill for that portion of its negative balance which has resulted
25from the net benefits charged to such the account within such that month.

1Reimbursement payment shall be due within 20 days thereafter after the date the
2department issues the bill
. Any required payment which that remains unpaid after
3its applicable due date is a delinquent payment. Section 108.22 shall apply for
4collecting delinquent payments.
SB399,41 5Section 41. 108.155 (4) (intro.) of the statutes is amended to read:
SB399,22,156 108.155 (4) (intro.) The department shall bill assessments an assessment
7under this section to a reimbursable employer at its , by electronically delivering the
8assessment to the employer or mailing the assessment to the employer's
last known
9address, in the month of September of each year , and the assessment shall be due to
10the department within 20 days after the date such bill is mailed by the date the
11department issues the assessment. Any assessment that remains unpaid after its
12applicable due date is a delinquent payment. If a reimbursable employer is
13delinquent in paying an assessment under this section, in addition to pursuing
14action under the provisions of ss. 108.22 and 108.225, the department may do any
15of the following:
SB399,42 16Section 42. 108.16 (2) (e) of the statutes is amended to read:
SB399,22,2217 108.16 (2) (e) Except as provided in par. (em), benefits to shall be charged
18against a given employer's account shall be so charged as of the date shown by the
19check
that the department issues the payment covering such benefits. Each such
20check
benefit payment shall be promptly mailed issued and shall, in determining the
21experience or status of such the account for contribution purposes, be deemed paid
22on the date shown on the check the payment is issued.
SB399,43 23Section 43. 108.16 (2) (em) of the statutes is amended to read:
SB399,23,824 108.16 (2) (em) Benefits improperly charged or credited to an employer's
25account for any reason other than adjustment of payroll amounts between 2 or more

1employers' accounts shall, when so identified, be credited to or debited from that
2employer's account and, where appropriate, recharged to the correct employer's
3account as of the date of correction. Benefits improperly charged or credited to an
4employer's account as a result of adjustment of payroll amounts between 2 or more
5employers' accounts shall be so charged or credited and, where appropriate,
6recharged as of the date shown by the check covering such benefits on which the
7department issues the benefit payment
. This paragraph shall be used solely in
8determining the experience or status of accounts for contribution purposes.
SB399,44 9Section 44. 108.16 (6) (p) of the statutes is created to read:
SB399,23,1110 108.16 (6) (p) Any amount transferred from the federal employment security
11administration account under 42 USC 1101 (d) (1) (B).
SB399,45 12Section 45. 108.19 (1m) of the statutes is amended to read:
SB399,24,713 108.19 (1m) Each employer subject to this chapter as of the date a rate is
14established under this subsection shall pay an assessment to the unemployment
15interest payment fund at a rate established by the department sufficient to pay
16interest due on advances from the federal unemployment account under Title XII of
17the federal social security act ( ,42 USC 1321 to 1324). The rate established by the
18department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or
19108.152 (1) shall be 75 percent of the rate established for other employers. The
20amount of any employer's assessment shall be the product of the rate established for
21that employer multiplied by the employer's payroll of the previous calendar year as
22taken from quarterly employment and wage reports filed by the employer under s.
23108.205 (1) or, in the absence of the filing of such reports, estimates made by the
24department. Each assessment made under this subsection is due on the 30th day
25commencing
within 30 days after the date on which notice of the assessment is

1mailed by
the department issues the assessment. If the amounts collected from
2employers under this subsection are in excess of exceed the amounts needed to pay
3interest due, the department shall use any excess to pay interest owed in subsequent
4years on advances from the federal unemployment account. If the department
5determines that additional interest obligations are unlikely, the department shall
6transfer the excess to the balancing account of the fund, the unemployment program
7integrity fund, or both in amounts determined by the department.
SB399,46 8Section 46. 108.19 (1s) (a) 5. of the statutes is created to read:
SB399,24,109 108.19 (1s) (a) 5. Amounts transferred from the appropriation account under
10s. 20.445 (1) (aL).
SB399,47 11Section 47. 108.19 (1s) (a) 6. of the statutes is created to read:
SB399,24,1212 108.19 (1s) (a) 6. Assessments under s. 108.225 (4) (b).
SB399,48 13Section 48. 108.21 (2) of the statutes is amended to read:
SB399,24,1714 108.21 (2) The findings of any such an authorized representative of the
15department, based on examination of the records of any such employing unit under
16sub. (1)
and embodied in an audit report mailed issued to the employing unit, shall
17constitute
are a determination within the meaning of under s. 108.10.
SB399,49 18Section 49. 108.22 (1m) of the statutes is amended to read:
SB399,25,1019 108.22 (1m) If an employer any person owes any contributions,
20reimbursements, or assessments under s. 108.15, 108.151, 108.155, or 108.19 (1m),
21benefit overpayments, interest, fees, or payments for forfeitures or, other penalties,
22or any other amount
to the department under this chapter and fails to pay the
23amount owed, the department has a perfected lien upon the employer's right, title,
24and interest in all of its the person's real and personal property located in this state
25in the amount finally determined to be owed, plus costs. Except where creation of

1a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective
2when upon the earlier of the date on which the amount is first due or the date on
3which
the department issues a determination of the amount owed under s. 108.10
4(1)
this chapter and shall continue until the amount owed, plus costs and interest to
5the date of payment, is paid, except as provided in sub. (8) (d). If a lien is initially
6barred or stayed by bankruptcy or other insolvency law, it shall become effective
7immediately upon expiration or removal of such bar or stay. The perfected lien does
8not give the department priority over lienholders, mortgagees, purchasers for value,
9judgment creditors, and pledges whose interests have been recorded before the
10department's lien is recorded.
SB399,50 11Section 50. 108.22 (1r) of the statutes is amended to read:
SB399,25,1912 108.22 (1r) If any employing unit or any individual who is found personally
13liable under sub. (9)
person fails to pay to the department any amount found to be
14due it in proceedings pursuant to s. 108.10
a covered unemployment compensation
15debt, as defined in 26 USC 6402 (f) (4)
, provided that no appeal or review permitted
16under s. 108.10 this chapter is pending and that the time for taking an appeal or
17review has expired, the department or any authorized representative of the
18department
may offset set off the amount against a federal tax refund as provided
19in
overpayment under 26 USC 6402 (f).
SB399,51 20Section 51. 108.22 (1t) of the statutes is created to read:
SB399,25,2521 108.22 (1t) If any person fails to pay to the department any amount under this
22chapter, provided that no appeal or review permitted under this chapter is pending
23and that the time for taking an appeal or review has expired, the department or any
24authorized representative of the department may set off the amount against a
25refund, overpayment, or disbursement under s. 71.93.
SB399,52
1Section 52. 108.22 (2) of the statutes is amended to read:
SB399,26,92 108.22 (2) (a) 1. If any employing unit or any individual who is found personally
3liable under sub. (9)
person fails to pay to the department any amount found to be
4due it in proceedings pursuant to s. 108.10, provided that no appeal or review
5permitted under s. 108.10 is pending and that the time for taking an appeal or review
6has expired
or determined to be owed under this chapter, the department or any
7authorized representative of the department may issue record the lien created under
8sub. (1m) by issuing
a warrant directed to the clerk of circuit court for any county of
9the state.
SB399,26,1310 2. The clerk of circuit court shall enter in the judgment and lien docket the
11name of the employing unit or individual person mentioned in the warrant and, the
12amount of the contributions, interest, costs and other fees for which the warrant is
13issued
owed, and the date when such copy on which the warrant is entered.
SB399,26,1714 3. A warrant entered under subd. 2. shall be considered in all respects as a final
15judgment constituting a perfected lien upon the employing unit's or individual's
16right, title and interest in all real and personal property located in the county where
17the warrant is entered
.
SB399,27,218 4. The department or any authorized representative of the department may
19thereafter file an execution with the clerk of circuit court for filing by the clerk of
20circuit court with the sheriff of any county where real or personal property of the
21employing unit or individual is found person is located, commanding the sheriff to
22levy upon and sell sufficient real and personal property of the employing unit or
23individual
person located in that county to pay the amount stated in the warrant in
24the same manner as upon an execution against property issued upon the judgment

1of a court of record, and to return the warrant to the department and pay to it the
2money collected by virtue thereof within 60 days after receipt of the warrant.
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