2009 WISCONSIN ACT 287
An Act to repeal 108.02 (12) (b), 108.04 (2) (d), 108.04 (16) (c), 108.05 (7) (d) 2. b., 108.06 (7) (b) 5., 108.152 (1) (c) and 108.152 (3); to renumber 108.02 (12) (bm) 5. and 108.02 (12) (bm) 8. and 9.; to renumber and amend 108.02 (12) (bm) 3. and 4., 108.02 (12) (bm) 6. and 7., 108.02 (12) (bm) 10., 108.05 (7) (d) 1. b., 108.22 (8) (b) 1. and 108.24 (3); to consolidate, renumber and amend 108.05 (7) (d) 1. (intro.) and a. and 108.05 (7) (d) 2. (intro.) and a.; to amend 108.02 (12) (a), 108.02 (12) (bm) (intro.), 108.02 (15) (f) 3., 108.02 (15) (f) 6., 108.02 (15) (g) 1., 108.02 (21e) (intro.), 108.04 (1) (g) (intro.), 108.04 (2) (a) (intro.), 108.04 (7) (k), 108.04 (7) (o), 108.04 (11) (be) (intro.), 108.04 (16) (b), 108.04 (16) (d), 108.04 (16) (e), 108.05 (3) (b) 1. a., b. and c., 108.06 (7) (a) 2. and (b) 4., 108.06 (7) (d), 108.06 (7) (h) and (j), 108.09 (2) (bm), 108.09 (4s), 108.10 (4), 108.152 (6) (title), 108.152 (6) (a) (intro.), 108.152 (6) (a) 2., 108.16 (10), 108.18 (7) (a), 108.18 (7) (b), 108.18 (7) (d), 108.18 (7) (h), 108.19 (1m) and 108.20 (3); to repeal and recreate 108.02 (12) (bm) 1. and 2. and 108.04 (16) (a); and to create 108.02 (15) (km), 108.02 (15s), 108.02 (20m), 108.04 (16) (am), 108.04 (16) (f), 108.05 (3) (e), 108.16 (6) (L) and (m), 108.16 (6m) (g), 108.18 (7) (i), 108.22 (8) (b) 1. c. and d. and 108.24 (3) (a) 4. of the statutes; relating to: various changes in the unemployment insurance law and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 108.02 (12) (a) of the statutes is amended to read:
108.02 (12) (a) "Employee" means any individual who is or has been performing services for pay for an employing unit, whether or not the individual is paid directly by the employing unit, except as provided in par. (b), (bm), (c), (d), (dm) or (dn).
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2. 108.02 (12) (b) of the statutes is repealed.
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3. 108.02 (12) (bm) (intro.) of the statutes is amended to read:
108.02 (12) (bm) (intro.) During the period beginning on January 1, 2000, with respect to contribution requirements, and during the period beginning on April 2, 2000, with respect to benefit eligibility, par. Paragraph (a) does not apply to an individual performing services for an employing unit other than a government unit or nonprofit organization in a capacity other than as a logger or trucker, if the employing unit satisfies the department that the individual meets 7 or more of the following conditions specified in subds. 1. and 2., by contract and in fact:
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4. 108.02 (12) (bm) 1. and 2. of the statutes are repealed and recreated to read:
108.02 (12) (bm) 1. The services of the individual are performed free from control or direction by the employing unit over the performance of his or her services. In determining whether services of an individual are performed free from control or direction, the department may consider the following nonexclusive factors:
a. Whether the individual is required to comply with instructions concerning how to perform the services.
b. Whether the individual receives training from the employing unit with respect to the services performed.
c. Whether the individual is required to personally perform the services.
d. Whether the services of the individual are required to be performed at times or in a particular order or sequence established by the employing unit.
e. Whether the individual is required to make oral or written reports to the employing unit on a regular basis.
2. The individual meets 6 or more of the following conditions:
a. The individual advertises or otherwise affirmatively holds himself or herself out as being in business.
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5. 108.02 (12) (bm) 3. and 4. of the statutes are renumbered 108.02 (12) (bm) 2. b. and c. and amended to read:
108.02 (12) (bm) 2. b. The individual maintains a separate business with his or her own office,
or performs most of the services in a facility or location chosen by the individual and uses his or her own equipment,
or materials and other facilities in performing the services.
c. The individual operates under multiple contracts with one or more employing units to perform specific services for specific amounts of money and under which the individual controls the means and methods of performing such services.
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6. 108.02 (12) (bm) 5. of the statutes is renumbered 108.02 (12) (bm) 2. d.
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7. 108.02 (12) (bm) 6. and 7. of the statutes are renumbered 108.02 (12) (bm) 2. e. and f. and amended to read:
108.02 (12) (bm) 2. e. The individual is responsible for the satisfactory completion of the services that he or she contracts to perform and is liable for a failure to satisfactorily complete the services obligated to redo unsatisfactory work for no additional compensation or is subject to a monetary penalty for unsatisfactory work.
f. The services performed by the individual receives compensation for services performed under a contract on a commission or per-job or competitive-bid basis and not on any other basis do not directly relate to the employing unit retaining the services.
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8. 108.02 (12) (bm) 8. and 9. of the statutes are renumbered 108.02 (12) (bm) 2. g. and h.
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9. 108.02 (12) (bm) 10. of the statutes is renumbered 108.02 (12) (bm) 2. i. and amended to read:
108.02 (12) (bm) 2. i. The success or failure of the individual's business depends on the relationship of business receipts to expenditures individual is not economically dependent upon a particular employing unit with respect to the services being performed.
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10. 108.02 (15) (f) 3. of the statutes is amended to read:
108.02 (15) (f) 3. As a member of a legislative body or the judiciary of a state or political subdivision, or as a member of an elective legislative body or the judiciary of an Indian tribe;
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11. 108.02 (15) (f) 6. of the statutes is amended to read:
108.02 (15) (f) 6. In a position which, under or pursuant to the laws of this state, or of an Indian tribe, is designated as a major nontenured policymaking or advisory position, or is designated as a policymaking or advisory position the performance of the duties of which does not ordinarily require more than 8 hours per week.
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12. 108.02 (15) (g) 1. of the statutes is amended to read:
108.02 (15) (g) 1. By an individual receiving work relief or work training as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or by an agency of a state or political subdivision thereof or by an Indian tribe, unless otherwise required as a condition for participation by the unit or organization in such program;
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13. 108.02 (15) (km) of the statutes is created to read:
108.02 (15) (km) "Employment", as applied to work for a given employer other than a government unit or a nonprofit organization, except as the employer elects otherwise with the department's approval, does not include service:
1. Provided by an individual to an ill or disabled family member who is the employing unit for such service, if the service is personal care or companionship. For purposes of this subdivision, "family member" means a spouse, parent, child, grandparent, or grandchild of an individual, by blood or adoption, or an individual's step parent, step child, or domestic partner. In this subdivision, "domestic partner" has the meaning given in s. 770.01 (1).
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14. 108.02 (15s) of the statutes is created to read:
108.02 (15s) Full-time work. "Full-time work" means work performed for 32 or more hours per week.
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15. 108.02 (20m) of the statutes is created to read:
108.02 (20m) Part-time work. "Part-time work" means work performed for less than 32 hours per week.
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16. 108.02 (21e) (intro.) of the statutes is amended to read:
108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:
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17. 108.04 (1) (g) (intro.) of the statutes is amended to read:
108.04 (1) (g) (intro.) Except as provided in par. (gm) and s. 108.06 (7) (d), the base period wages utilized to compute total benefits payable to an individual under s. 108.06 (1) as a result of the following employment shall not exceed 10 times the individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
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18. 108.04 (2) (a) (intro.) of the statutes is amended to read:
108.04 (2) (a) (intro.) Except as provided in par. (b) and sub. (16) (am) and (b) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week for which he or she earns no wages only if:
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19. 108.04 (2) (d) of the statutes is repealed.
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20. 108.04 (7) (k) of the statutes is amended to read:
108.04 (7) (k) Paragraph (a) does not apply to an employee who terminates his or her part-time work consisting of not more than 30 hours per week if the employee is otherwise eligible to receive benefits because of the loss of the employee's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.
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21. 108.04 (7) (o) of the statutes is amended to read:
108.04 (7) (o) Paragraph (a) does not apply to an employee who terminates his or her work in one of 2 or more concurrently held positions, at least one of which consists of more than 30 hours per week is full-time work, if the employee terminates his or her work before receiving notice of termination from a position which consists of more than 30 hours per week is full-time work.
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22. 108.04 (11) (be) (intro.) of the statutes is amended to read:
108.04 (11) (be) (intro.) A claimant shall forfeit benefits and be disqualified from receiving benefits for acts of concealment described in pars. (a) and (b) as follows:
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23. 108.04 (16) (a) of the statutes is repealed and recreated to read:
108.04 (16) (a) In this subsection, "approved training" means:
1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:
a. The course is expected to increase the individual's opportunities to obtain employment;
