Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. The rule changes are minor and technical in nature.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
This rule will have no significant economic effect on small businesses as defined in s. 227.114 (1), Stats. and there is no economic impact created by this rule because the changes are all minor or technical in nature. The department also consulted the Unemployment Insurance Advisory Council. Effect on small business
This rule will not have a negative effect on small businesses as defined in s. 227.114 (1), Stats. Agency contact person
Questions and comments related to this rule may be directed to:
Janell Knutson, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
201 E. Washington Avenue, E300
Madison, WI 53708
Telephone: (608) 266-1639
Place where comments are to be submitted and deadline for submission
Janell Knutson, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
201 E. Washington Avenue, E300
Madison, WI 53708
Telephone: (608) 266-1639
Hearing comments were accepted until July 12, 2018.
Section 1. DWD 100.02 (1) is repealed.
Section 2. DWD 100.02 (2) is renumbered 140.001 (2) (c) and as renumbered, is amended to read:
DWD 140.001 (2) (c) “Agent state” means any state other than Wisconsin in which a person files a claim for unemployment benefits from the state of Wisconsin.
Section 3. DWD 100.02 (10) is renumbered DWD 113.001 (2) (bm) and as renumbered, is amended to read:
DWD 113.001 (2) (bm) “Compromise” means department agreement to accept payment of less than the full amount of contributions, payments in lieu of contributions, interest, penalties and costs, as applicable, owed by an employer, former employer, or by an individual a person liable for corporate an employing unit’s liabilities, in complete fulfillment of the outstanding liability.
Section 4. DWD 100.02 (16f) is created to read:
DWD 100.02 (16f) “Determination” means an initial determination issued under s. 108.09, 108.095, or 108.10 (1), Stats. Section 5. DWD 100.02 (17) is renumbered DWD 140.001 (2) (f).
Section 6. DWD 100.02 (25) and (26) are repealed.
Section 7. DWD 100.02 (28) and (31) are renumbered DWD 128.001 (2) (a) and DWD 132.001 (2) (a).
Section 8. DWD 100.02 (32) is renumbered 140.001 (2) (g) and as renumbered, is amended to read:
DWD 140.001 (2) (g) “Hearing office” means an office of the unemployment insurance division of the department of workforce development which that is responsible for scheduling and conducting hearings arising under ch. 108, Stats., and s. 103.06 (6), Stats. Section 9. DWD 100.02 (33) is renumbered DWD 101.001 (2) (b) and as renumbered is amended to read:
DWD 101.001 (2) (b) “Informer Informant” means an individual who is receiving a reward or payment for information relating to or assisting in an investigation of a possible violation of law, but not an undercover agent or other individual who is paid for the performance of investigative services or who receives such payment regardless of whether information relating to or assisting in an investigation of a possible violation of law is actually provided.
Section 10. DWD 100.02 (43) is amended to read:
DWD 100.02 (43) “Payroll base” means the first $10,500 of wages applicable amount under s. 108.02 (21) (b) or (c), Stats., paid by an employer during a calendar year to an individual, including any wages paid for any work covered by the unemployment insurance law of any other state, which is payroll under s. 108.02 (21), Stats. Section 11. DWD 100.02 (44m) is renumbered DWD 140.001 (2) (h).
Section 12. DWD 100.02 (46) is repealed.
Section 13. DWD 100.02 (51) is renumbered DWD 113.001 (2) (e) and as renumbered, is amended to read:
DWD 113.001 (2) (e) “Same business or operation” means operation under the same unemployment insurance employer account, including any account transferred under s. 108.16 (8), Stats., with no intervening final determination of account termination under s. 108.02 (13) (i), Stats., provided, however, that ‘same business or operation’ shall not be deemed to extend beyond the date as of which the account would have been terminated under s. 108.02 (13) (i), Stats., and s. DWD 110.09 but for an unpaid liability, unless the account was reopened under s. DWD 110.10. Section 14. DWD 100.02 (52) is renumbered DWD 113.001 (2) (f).
Section 15. DWD 100.02 (53) and (54) are renumbered DWD 132.001 (2) (b) and (c) and as renumbered, are amended to read:
DWD 132.001 (2) (b) “Sexual contact” has the meaning designated specified in s. 940.225 (5) (b), Stats. (c) “Sexual intercourse” has the meaning designated specified in s. 940.225 (5) (c), Stats. Section 16. DWD 100.02 (55) is renumbered DWD 128.001 (2) (b).
Section 17. DWD 100.02 (62) is renumbered DWD 128.001 (2) (c) and as renumbered, is amended to read:
DWD 128.001 (2) (c) “Total unemployment” and “totally unemployed” have has the meaning designated specified in s. 108.02 (25), Stats. Section 18. DWD 100.02 (63) is renumbered DWD 115.001 (2) (a) and as renumbered, is amended to read:
DWD 115.001 (2) (a) “Transfer percentage” means the percent of the transferor’s total payroll for a recent and representative period preceding the transfer date, which is properly assignable to the transferred business. The recent and representative period shall be the four 4 most recently completed calendar quarters preceding the transfer date, except that the period may be expanded to include the partial quarter immediately preceding the transfer if the transfer date did not fall on a quarter ending date and there was no payroll assignable to the transferred portion of the business in the four 4 most recently completed quarters.
Section 19. DWD 100.02 (64) and (65) are renumbered DWD 115.001 (2) (b) and (c).
Section 20. DWD 100.02 (66) is repealed.
Section 21. DWD 100.02 (68) is renumbered DWD 111.001 (2) (a) and as renumbered, is amended to read:
DWD 111.001 (2) (a) “Wage report” has the meaning designated specified in s. 108.205, Stats. Section 22. DWD 100.02 (69) is renumbered DWD 111.001 (2) (b).
Section 23. DWD 100.02 (72) is renumbered DWD 128.001 (2) (d) and as renumbered, is amended to read:
DWD 128.001 (2) (d) “Weekly certification” means the method used by which a claimant submits to submit information regarding the claimant’s employment status and availability for work and which establishes to establish a basis for the payment of unemployment benefits, including but not limited to voice recognition units and claim forms.
Section 24. DWD 101 (title) is amended to read:
DWD 101 (title) WAGES FOR CONTRIBUTION AND BENEFIT PURPOSES
Section 25. DWD 101.001 (2) is renumbered DWD 101.001 (2) (intro.) and as renumbered, is amended to read:
DWD 101.001 (2) (intro.) Notwithstanding ch. DWD 100 and unless the context clearly indicates a different meaning, in In this chapter “employer”: (a) “Employer” means any person who is or becomes subject to the reimbursement financing or contribution requirements of ch. 108, Stats., including multiemployer benefit plans and other third-party payors which become liable under s. DWD 110.06.
