SB672: Bill Text

SB672,17 Section 17 . 108.02 (2) (c) of the statutes is amended to read:

SB672,8,17 108.02 (2) (c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in s. 15 (g) of the federal agricultural marketing act, as amended (46 Stat. 1550, s. 3; under 12 USC 1141j) or (f), in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

SB672,18 Section 18 . 108.02 (13) (c) 2. a. of the statutes is amended to read:

SB672,8,23 108.02 (13) (c) 2. a. Such crew leader holds a valid certificate of registration under the federal farm labor contractor registration act of 1963 29 USC 1801 to 1872; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment which is provided by such crew leader; and

SB672,19 Section 19 . 108.02 (14) of the statutes is amended to read:

SB672,9,4 108.02 (14) Employer's account. “ Employer's account" means a an employer's separate account in the fund, reflecting the employer's experience with respect to contribution credits and benefit charges under this chapter maintained as required under s. 108.16 (2) (a).

SB672,20 Section 20 . 108.02 (15) (j) 5. of the statutes is amended to read:

SB672,9,10 108.02 (15) (j) 5. In any quarter in the employ of any organization exempt from federal income tax under section 26 USC 501 (a) of the internal revenue code, other than an organization described in section 26 USC 401 (a) or 501 (c) (3) of such code, or under section 26 USC 521 of the internal revenue code, if the remuneration for such service is less than $50;

SB672,21 Section 21 . 108.02 (15) (k) 5. of the statutes is amended to read:

SB672,9,14 108.02 (15) (k) 5. With respect to which unemployment insurance is payable under the federal railroad unemployment insurance act (52 Stat. 1094) 45 USC 351 to 369;

SB672,22 Section 22 . 108.02 (17m) of the statutes is amended to read:

SB672,9,18 108.02 (17m) Indian tribe. “Indian tribe" has the meaning given in 25 USC 450b 5304 (e), and includes any subdivision, subsidiary, or business enterprise that is wholly owned by such an entity.

SB672,23 Section 23 . 108.02 (19) of the statutes is amended to read:

SB672,9,23 108.02 (19) Nonprofit organizations. “ Nonprofit organization" means an organization described in section 26 USC 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 26 USC 501 (a) of the Internal Revenue Code.

SB672,24 Section 24 . 108.02 (26) (c) 9. of the statutes is repealed.

SB672,25 Section 25 . 108.02 (26) (c) 14. of the statutes is repealed.

SB672,26 Section 26 . 108.04 (7) (h) of the statutes is renumbered 108.04 (7) (u).

SB672,27 Section 27 . 108.04 (11) (f) of the statutes is amended to read:

SB672,10,5 108.04 (11) (f) All amounts forfeited under par. (c) and all collections from administrative assessments under par. (cm) shall be credited to the administrative account appropriation under s. 20.445 (1) (wd).

SB672,28 Section 28 . 108.04 (12) (b) of the statutes is amended to read:

SB672,10,10 108.04 (12) (b) Any individual who receives, through the department, any other type of unemployment benefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with the federal trade act of 1974 (P.L. 93-618) 19 USC 2101 to 2497b.

SB672,29 Section 29 . 108.04 (16) (d) 1. of the statutes is amended to read:

SB672,10,18 108.04 (16) (d) 1. The department shall not deny benefits under sub. (7) as a result of the individual's leaving unsuitable work to enter or continue such training, as a result of the individual's leaving work that the individual engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because the individual did not meet the requirements of the federal trade act under 19 USC 2296 (c) (1) (B); and

SB672,30 Section 30 . 108.04 (18) (a) of the statutes is amended to read:

SB672,11,6 108.04 (18) (a) The wages paid to an employee who performed services while the employee was an alien shall, if based on such services, be excluded from the employee's base period wages for purposes of sub. (4) (a) and ss. 108.05 (1) and 108.06 (1) unless the employee is an alien who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for the purpose of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212 (d) (5) of the federal immigration and nationality act (8 USC 1182 (d) (5)). All claimants shall be uniformly required to provide information as to whether they are citizens and, if they are not, any determination denying benefits under this subsection shall not be made except upon a preponderance of the evidence.

SB672,31 Section 31 . 108.04 (18) (b) of the statutes is amended to read:

SB672,11,13 108.04 (18) (b) Any amendment of s. 26 USC 3304 (a) (14) of the federal unemployment tax act specifying conditions other than as stated in par. (a) for denial of benefits based on services performed by aliens, or changing the effective date for required implementation of par. (a) or such other conditions, which that is a condition of approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, shall be applicable to this subsection.

SB672,32 Section 32 . 108.07 (5) (intro.) of the statutes is amended to read:

SB672,11,20 108.07 (5) (intro.) Except as provided in sub. (7), whenever benefits which that would otherwise be chargeable to the fund's balancing account are paid based on wages paid by an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, and the benefits are so chargeable under sub. (3) or s. 108.04 (1) (f) or, (5), or (5g) or 108.14 (8n) (e), or under s. 108.16 (6m) (e) for benefits specified in s. 108.16 (3) (b), the department shall charge the benefits as follows:

SB672,33 Section 33 . 108.07 (5) (a) of the statutes is amended to read:

SB672,11,25 108.07 (5) (a) If no employer from which the claimant has base period wages is subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall be charged to the administrative account and paid from the appropriation under s. 20.445 (1) (gd) (wd).

SB672,34 Section 34 . 108.07 (5) (c) of the statutes is amended to read:

SB672,12,9 108.07 (5) (c) If 2 or more employers from which the claimant has base period wages are not subject to the contribution requirements of ss. 108.17 and 108.18, and one or more employers from which the claimant has base period wages are subject to the contribution requirements of ss. 108.17 and 108.18, that percentage of the employee's benefits which would otherwise be chargeable to the fund's balancing account under sub. (3) or s. 108.04 (1) (f) or, (5), or (5g), or under s. 108.16 (6m) (e) for benefits specified in s. 108.16 (3) (b), shall be charged to the administrative account and paid from the appropriation under s. 20.445 (1) (gd) (wd).

SB672,35 Section 35 . 108.07 (6) of the statutes is amended to read:

SB672,12,15 108.07 (6) The department may initially charge benefits otherwise chargeable to the administrative account payable from the appropriation under s. 20.445 (1) (wd) as provided under this section to the fund's balancing account, and periodically reimburse the charges to the balancing account from the administrative account appropriation under s. 20.445 (1) (wd).

SB672,36 Section 36 . 108.07 (7) of the statutes is amended to read:

SB672,12,21 108.07 (7) Whenever benefits are chargeable under sub. (1) or (2) based on federal employment, the department shall charge the benefits to the federal government, except that, if the federal government refuses to reimburse the benefits to the department, the department shall charge the benefits to the administrative account and pay them from the appropriation under s. 20.445 (1) (wd).

SB672,37 Section 37 . 108.09 (5) (b) of the statutes is amended to read:

SB672,13,6 108.09 (5) (b) All testimony at any hearing under this section shall be recorded by electronic means, but need not be transcribed unless either of the parties requests a transcript before expiration of that party's right to further appeal under this section and pays a fee to the commission in advance, the amount of which shall be established by rule of the commission. When the commission provides a transcript to one of the parties upon request, the commission shall also provide a copy of the transcript to all other parties free of charge. The transcript fee collected shall be paid to the administrative account credited to the appropriation account under s. 20.427 (1) (g).

SB672,38 Section 38 . 108.10 (intro.) of the statutes is amended to read:

SB672,13,12 108.10 Settlement of issues other than benefit claims. (intro.) Except as provided in s. 108.245 (3), in connection with any issue arising under this chapter as to the status or liability of an employing unit in this state, for which no review is provided under s. 108.09, 108.095, or 108.227 (5) and whether or not a penalty is provided in s. 108.24, the following procedure shall apply:

SB672,39 Section 39 . 108.13 (4) (a) 2. of the statutes is amended to read:

SB672,13,15 108.13 (4) (a) 2. “Legal process" has the meaning given under 42 USC 662 (e) 659 (i) (5).

SB672,40 Section 40 . 108.14 (2m) of the statutes is amended to read:

SB672,14,12 108.14 (2m) In the discharge of their duties under this chapter an appeal tribunal, commissioner, or other authorized representative of the department or commission may administer oaths to persons appearing before them, take depositions, certify to official acts, and by subpoenas, served in the manner in which circuit court subpoenas are served, compel attendance of witnesses and the production of books, papers, documents, and records necessary or convenient to be used by them in connection with any investigation, hearing, or other proceeding under this chapter. A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding. However, in any investigation, hearing, or other proceeding involving the administration of oaths or the use of subpoenas under this subsection due notice shall be given to any interested party involved, who shall be given an opportunity to appear and be heard at any such proceeding and to examine witnesses and otherwise participate therein. Witness fees and travel expenses involved in proceedings under this chapter may be allowed by the appeal tribunal or representative of the department at rates specified by department rules, and shall be paid from the administrative account appropriation under s. 20.445 (1) (n).

SB672,41 Section 41 . 108.14 (3m) of the statutes is amended to read:

SB672,14,24 108.14 (3m) In any court action to enforce this chapter the department, the commission, and the state may be represented by any licensed attorney who is an employee of the department or the commission and is designated by either of them for this purpose or at the request of either of them by the department of justice. If the governor designates special counsel to defend, in behalf of the state, the validity of this chapter or of any provision of Title IX of the social security act 42 USC 1101 to 1110, the expenses and compensation of the special counsel and of any experts employed by the department in connection with that proceeding may be charged to the administrative account appropriation under s. 20.445 (1) (wd). If the compensation is being determined on a contingent fee basis, the contract is subject to s. 20.9305.

SB672,42 Section 42 . 108.14 (7) (c) of the statutes is repealed.

SB672,43 Section 43. 108.14 (8n) (a) of the statutes is amended to read:

SB672,15,6 108.14 (8n) (a) The department shall enter into a reciprocal arrangement which is approved by the U.S. secretary of labor pursuant to section under 26 USC 3304 (a) (9) (B) of the internal revenue code, to provide more equitable benefit coverage for individuals whose recent work has been covered by the unemployment insurance laws of 2 or more jurisdictions.

SB672,44 Section 44 . 108.14 (8n) (e) of the statutes is amended to read:

SB672,15,21 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) to (c), 108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or, (5), or (5g) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

SB672,45 Section 45 . 108.14 (12) (a) to (d) of the statutes are consolidated, renumbered 108.14 (12) (am) and amended to read:

SB672,16,25 108.14 (12) (am) Consistently Consistent with the provisions of pars. (8) and (9) of section 303 (a) of Title III of the federal social security act, 42 USC 503 (a) (8) and (9), the department shall expend all moneys received in the federal administrative financing account from any federal agency under said Title III shall be expended 42 USC ch. 7 subch. III solely for the purposes and in the amounts found necessary by said that agency for the proper and efficient administration of this chapter. (b) Consistently with said provisions of said Title III, any The department shall replace, within a reasonable time, any such moneys, that were received prior to before July 1, 1941, and remaining remained unencumbered on said that date, or that were received on or after said that date, which, because of any action or contingency, have been if the moneys are lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by said the federal agency for the proper administration of this chapter , shall be replaced within a reasonable time. This paragraph is the declared policy of this state, as enunciated by the 1941 legislature, and shall be implemented as further provided in this subsection. (c). If it is believed that any amount of money thus received has been thus is lost or improperly expended, the department, on its own motion or on notice from said the federal agency , shall promptly investigate and determine the matter and shall, depending on the nature of its determination, take such steps as it may deem considers necessary to protect the interests of the state. (d) If it is finally determined that moneys thus received have been thus lost or improperly expended, then the department shall either make the necessary replacement from those moneys in the administrative account specified in s. 108.20 (2m) the appropriation under s. 20.445 (1) (wd) or shall submit, at the next budget hearings conducted by the governor and at the budget hearings conducted by the next legislature convened in regular session, a request that the necessary replacement be made by an appropriation from the general fund.

SB672,46 Section 46. 108.14 (12) (e) of the statutes is renumbered 108.14 (12) (bm) and amended to read:

SB672,17,6 108.14 (12) (bm) This subsection shall not be construed to relieve this state of any obligation existing prior to its enactment before July 1, 1941, with respect to moneys received prior to before July 1, 1941, pursuant to said Title III under 42 USC ch. 7 subch. III.

SB672,47 Section 47 . 108.14 (16) of the statutes is amended to read:

SB672,17,16 108.14 (16) The department shall have duplicated or printed, and shall distribute without charge, such employment security any reports, studies and, forms, records, decisions, regulations, rules, or other materials, including the text of this chapter and, the handbook under sub. (23), and other instructional or explanatory pamphlets for employers or workers, as that it deems necessary for public information or for the proper administration of this chapter ; but the. The department may collect a reasonable charge, which shall be credited to the administrative appropriation account under s. 20.445 (1) (wd), for any such item the cost of which is not fully covered by federal administrative grants.

SB672,48 Section 48 . 108.14 (18) of the statutes is renumbered 108.19 (1e) (e) and amended to read:

SB672,17,23 108.19 (1e) (e) No later than the end of the month following each quarter in which the department expends moneys derived from assessments levied under s. 108.19 (1e) this subsection, the department shall submit a report to the council on unemployment insurance describing the use of the moneys expended and the status at the end of the quarter of any project for which moneys were expended.

SB672,49 Section 49 . 108.14 (23) (d) of the statutes is repealed.

SB672,50 Section 50 . 108.14 (26) of the statutes is amended to read:

SB672,18,7 108.14 (26) The department shall prescribe by rule a standard affidavit form that may be used by parties to appeals under ss. 108.09, 108.095, and 108.10 and shall make the form available to employers and claimants. The form shall be sufficient to qualify as admissible evidence in a hearing under this chapter if the authentication is sufficient and the information set forth by the affiant is admissible, but its use by a party does not eliminate the right of an opposing party to cross examine the affiant concerning the facts asserted in the affidavit.

SB672,51 Section 51 . 108.141 (1) (h) of the statutes is amended to read:

SB672,18,11 108.141 (1) (h) “State law" means the unemployment insurance law of any state, that has been approved by the U.S. secretary of labor under section 26 USC 3304 of the internal revenue code.

SB672,52 Section 52 . 108.141 (3g) (a) 3. b. of the statutes is amended to read:

SB672,18,16 108.141 (3g) (a) 3. b. The gross average weekly remuneration for the work exceeds the claimant's weekly benefit rate plus any supplemental unemployment benefits, as defined in section 26 USC 501 (c) (17) (D) of the internal revenue code, then payable to the claimant;

SB672,53 Section 53 . 108.141 (7) (a) of the statutes is amended to read:

SB672,18,25 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) to (c), 108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) applies to the fund's balancing account.

SB672,54 Section 54. 108.141 (7) (b) of the statutes is amended to read:

SB672,19,6 108.141 (7) (b) The department shall charge the full amount of extended benefits based on employment for a government unit to the account of the government unit, except that if s. 108.04 (5), (5g), or (7) applies and the government unit has elected contribution financing the department shall charge one-half of the government unit's share of the benefits to the fund's balancing account.

SB672,55 Section 55 . 108.145 of the statutes is amended to read:

SB672,19,18 108.145 Disaster unemployment assistance. The department shall administer under s. 108.14 (9m) the distribution of disaster unemployment assistance to workers in this state who are not eligible for benefits whenever such assistance is made available by the president of the United States under 26 42 USC 5177 (a). In determining eligibility for assistance and the amount of assistance payable to any worker who was totally self-employed during the first 4 of the last 5 most recently completed quarters preceding the date on which the worker claims assistance, the department shall not reduce the assistance otherwise payable to the worker because the worker receives one or more payments under the social security act (,42 USC 301 et seq.) ch. 7, for the same week that the worker qualifies for such assistance.

SB672,56 Section 56 . 108.15 (3) (d) of the statutes is amended to read:

SB672,20,2 108.15 (3) (d) If a government unit elects contribution financing for any calendar year after the first calendar year it becomes newly subject to this chapter, it shall be liable to reimburse the fund for any benefits based on prior employment. If a government unit terminates its election of contribution financing, ss. 108.17 and 108.18 shall apply to employment in the prior calendar year, but after all benefits based on such prior employment have been charged to its contribution account any balance remaining in such account shall be transferred to the fund's balancing account.

SB672,57 Section 57 . 108.151 (2) (d) of the statutes is amended to read:

SB672,20,7 108.151 (2) (d) Sections 108.17 and 108.18 shall apply to all prior employment, but after all benefits based on prior employment have been charged to any account it has had under s. 108.16 (2) any balance remaining therein shall be transferred to the fund's balancing account as if s. 108.16 (6) (c) or (6m) (d) applied.

SB672,58 Section 58 . 108.152 (1) (d) of the statutes is amended to read:

SB672,20,15 108.152 (1) (d) If the Indian tribe or tribal unit is an employer prior to before the effective date of an election, ss. 108.17 and 108.18 shall apply to all employment prior to before the effective date of the election, but after all benefits based on prior employment have been charged to any account that it has had under s. 108.16 (2), the department shall transfer any positive balance or charge any negative balance remaining therein to the fund's balancing account as if s. 108.16 (6) (c) and (6m) (d) applied.

SB672,59 Section 59 . 108.155 (2) (a) and (d) of the statutes are amended to read:

SB672,20,21 108.155 (2) (a) On October 2, 2016, the fund's treasurer shall set aside $2,000,000 in the fund's balancing account for accounting purposes. On an ongoing basis, the fund's treasurer shall tally the amounts allocated to reimbursable employers' accounts under s. 108.04 (13) (d) 4. c. and deduct those amounts from the amount set aside plus any interest calculated thereon.

SB672,21,3 (d) If the department assesses reimbursable employers under par. (c), the department shall determine the amount of assessments to be levied as provided in sub. (3), and the fund's treasurer shall notify reimbursable employers that the assessment will be imposed. Except as provided in sub. (3) (c), the assessment shall be payable by each reimbursable employer that is subject to this chapter as of the date the assessment is imposed. Assessments imposed under this section shall be credited to the fund's balancing account.

SB672,60 Section 60 . 108.16 (5) (c) of the statutes is amended to read:

SB672,21,11 108.16 (5) (c) While the state has an account in the “Unemployment Trust Fund",” public deposit insurance charges on the fund's balances held in banks, savings banks, savings and loan associations, and credit unions in this state, the premiums on surety bonds required of the fund's treasurer under this section, and any other expense of administration otherwise payable from the fund's interest earnings, shall be paid from the administrative account appropriation under s. 20.445 (1) (n) or (ne).

SB672,61 Section 61 . 108.16 (6) (k) of the statutes is amended to read:

SB672,21,14 108.16 (6) (k) All payments to the fund from the administrative account as authorized under s. 108.20 (2m) appropriation under s. 20.445 (1) (wd).

SB672,62 Section 62 . 108.16 (6) (m) of the statutes is amended to read:

SB672,21,17 108.16 (6) (m) Any amounts transferred to the balancing account from the unemployment interest payment fund under s. 108.19 (1m) (f).

SB672,63 Section 63 . 108.16 (6m) (a) of the statutes is amended to read: