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1108.20 (3) There shall be included in the moneys governed by sub. (2m) any
2amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22
3(1) (a), (ac), (ad), and (af) as tardy filing fees, forfeitures, interest on delinquent
4payments, or other penalties and any excess moneys collected under s. 108.19 (1m).
SB366, s. 23 5Section 23. 108.22 (8) (b) 1. of the statutes is renumbered 108.22 (8) (b) 1.
6(intro.) and amended to read:
SB366,12,97 108.22 (8) (b) 1. (intro.) To recover any overpayment to an individual which is
8not otherwise repaid or recovery of which has not been waived, the department may
9recoup the amount of the overpayment by:
SB366,12,11 10a. Deducting the amount of the overpayment from benefits the individual
11would otherwise be eligible to receive, or file;
SB366,12,13 12b. Filing a warrant against the liable individual in the same manner as is
13provided in this section for collecting delinquent payments from employers, or both;
SB366, s. 24 14Section 24. 108.22 (8) (b) 1. c. and d. of the statutes are created to read:
SB366,12,1615 108.22 (8) (b) 1. c. Setting off the amount of the overpayment against a refund
16or disbursement due pursuant to s. 71.93; or
SB366,12,1917 d. If the overpayment results from fraud, offsetting the amount of the
18overpayment against a federal tax refund as provided in section 6402 (f) of the federal
19Internal Revenue Code in effect on June 1, 2009, or a similar federal program.
SB366, s. 25 20Section 25. 108.24 (3) of the statutes is renumbered 108.24 (3) (a) (intro.) and
21amended to read:
SB366,12,2422 108.24 (3) (a) (intro.) Any person who makes Whoever does any of the following
23shall be fined not less than $100 nor more than $1,000 or imprisoned for not more
24than 90 days or both:
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11. Makes a deduction from the wages of an employee because of liability for
2contributions or payments in lieu of contributions under this chapter or because of
3the employee's potential right to benefits, or who knowingly.
SB366,13,6 42. Knowingly refuses or fails to furnish to an employee any notice, report or
5information duly required under this chapter by the department to be furnished to
6such employee, or who, directly.
SB366,13,9 73. Directly or indirectly, by promise of reemployment or by threat not to employ,
8to terminate,
or not to reemploy or by any other means, attempts to induce an
9employee to refrain:
SB366,13,12 10a. Refrain from claiming or accepting benefits or to waive, participating in an
11audit or investigation by the department, or testifying in a hearing held under s,
12108.09 or 108.10.
SB366,13,17 13b. Waive any other right under this chapter, or whose rehiring policy has
14discriminated against a former employee by reason of their having claimed benefits,
15shall be fined not less than $100 nor more than $500 or imprisoned not more than
1690 days, or both; and each such deduction from wages, every day of such refusal or
17failure, and each such attempt to induce
.
SB366,13,18 18(b) Each violation of this subsection constitutes a separate offense.
SB366, s. 26 19Section 26. 108.24 (3) (a) 4. of the statutes is created to read:
SB366,13,2320 108.24 (3) (a) 4. Discriminates or retaliates against an individual because the
21individual claims benefits, participates in an audit or investigation by the
22department under this chapter, testifies in a hearing under s. 108.09 or 108.10, or
23exercises any other right under this chapter.
SB366, s. 27 24Section 27. Nonstatutory provisions.
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1(1) Within 30 days after the effective date of this subsection, the treasurer of
2the unemployment reserve fund shall transfer from the administrative account of
3the fund to the balancing account of the fund any amount of money in the
4administrative account as of the date of the transfer that is derived from assessments
5for interest payments made under section 108.19 (1m) of the statutes and is in excess
6of the amount needed to make those payments.
SB366, s. 28 7Section 28. Initial applicability.
SB366,14,148 (1) The treatment of section 108.02 (21) (e) (intro.) of the statutes (with respect
9to liability for contributions and reimbursements) first applies with respect to
10determinations issued under section 108.10 of the statutes beginning with the first
11quarter beginning after the effective date of this subsection or, with respect to
12determinations that are appealed, to decisions issued under section 108.10 of the
13statutes beginning with the first quarter beginning after the effective date of this
14subsection.
SB366,14,1815 (2) The treatment of section 108.02 (21) (e) (intro.) of the statutes (with respect
16to payment of benefits) first applies with respect to benefit years beginning on the
17first Sunday after the beginning of the the 3rd quarter beginning after the effective
18date of this subsection.
SB366,14,2219 (3) The treatment of sections 108.02 (15s) and (20m) (with respect to benefits
20for partial unemployment) and 108.05 (3) (b) 1. a., b., and c. of the statutes first
21applies with respect to weeks of unemployment beginning on the effective date of this
22subsection.
SB366,14,2423 (4) The treatment of section 108.05 (3) (e) of the statutes first applies with
24respect to weeks of unemployment beginning on the effective date of this subsection.
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1(5) The treatment of section 108.16 (6) (L) and (m), (6m) (g), and (10) of the
2statutes, the renumbering and amendment of section 108.22 (8) (b) 1. of the statutes,
3and the creation of section 108.22 (8) (b) 1. c. and d. of the statutes first apply with
4respect to satisfaction of liabilities outstanding on the effective date of this
5subsection.
SB366,15,96 (6) The treatment of section 108.05 (7) (d) 1. (intro.), a., and b. and 2. (intro.),
7a., and b. of the statutes first applies with respect to pension payments that are
8received on other than a periodic basis in weeks of unemployment beginning on or
9after the effective date of this subsection.
SB366,15,1110 (7) The treatment of section 108.18 (7) (d) of the statutes first applies with
11respect to voluntary contributions made for calendar year 2011.
SB366,15,1512 (8) The treatment of sections 108.02 (15s) and (20m) (with respect to
13terminations of employment) and 108.04 (7) (k) and (o) of the statutes first applies
14with respect to voluntary terminations of employment occurring on the effective date
15of this subsection.
SB366, s. 29 16Section 29. Effective date.
SB366,15,1717 (1) This act takes effect on the first Sunday after publication.
SB366,15,1818 (End)
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