SB672: Bill Text

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SB672,42 Section 42 . 108.14 (7) (c) of the statutes is repealed.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

SB672,21,22 108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s. 108.04 (1) (f), (5), (5g), (7) (h) (u), (7m), (8) (a) or (b) to (c), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.15, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

SB672,64 Section 64 . 108.16 (6x) of the statutes is amended to read:

SB672,22,3 108.16 (6x) The department shall charge to the uncollectible reimbursable benefits account the amount of any benefits paid from the fund's balancing account that are reimbursable under s. 108.151 but for which the department does not receive reimbursement after the department exhausts all reasonable remedies for collection of the amount.

SB672,65 Section 65 . 108.16 (8) (f) of the statutes is amended to read:

SB672,22,13 108.16 (8) (f) The successor shall take over and continue the transferor's account, including its positive or negative balance and all other aspects of its experience under this chapter in proportion to the payroll assignable to the transferred business and the liability of the successor shall be proportioned to the extent of the transferred business. The transferor and the successor shall be jointly and severally liable for any amounts owed by the transferor to the fund and to the administrative account under this chapter at the time of the transfer, but a successor under par. (c) is not liable for the debts of the transferor except in the case of fraud or malfeasance.

SB672,66 Section 66 . 108.16 (9) (a) of the statutes is amended to read:

SB672,22,18 108.16 (9) (a) Consistently with section 26 USC 3305 of the internal revenue code, relating to federal instrumentalities which that are neither wholly nor partially owned by the United States nor otherwise specifically exempt from the tax imposed by section under 26 USC 3301 of the internal revenue code:

SB672,22,22 1. Any contributions required and paid under this chapter for 1939 or any subsequent year by any such instrumentality, including any national bank, shall be refunded to such that instrumentality in case this chapter is not certified with respect to such year under s. 26 USC 3304 of said code.

SB672,22,25 2. No national banking association which is subject to this chapter shall be required to comply with any of its provisions or requirements under this chapter, to the extent that such compliance would be contrary to s. 26 USC 3305 of said code.

SB672,67 Section 67. 108.161 (title) of the statutes is amended to read:

SB672,23,3 108.161 (title) Federal administrative financing account; Reed Act distributions.

SB672,68 Section 68 . 108.161 (1) and (1m) of the statutes are consolidated, renumbered 108.161 (1) and amended to read:

SB672,23,12 108.161 (1) The fund's treasurer shall maintain within the fund an employment security “federal administrative financing account ",," and shall credit thereto to that account all amounts credited to the fund pursuant to the federal employment security administrative financing act (of 1954) and section 903 of the federal social security act, as amended. (1m) The treasurer of the fund shall also credit to said account under 42 USC 1101 to 1103 and all federal moneys credited to the fund pursuant to under sub. (8).

SB672,69 Section 69 . 108.161 (2) of the statutes is amended to read:

SB672,23,16 108.161 (2) The requirements of said section 903 42 USC 1103 shall control any appropriation, withdrawal, and use of any moneys in said the federal administrative financing account.

SB672,70 Section 70 . 108.161 (3) of the statutes is amended to read:

SB672,23,22 108.161 (3) Consistently Consistent with this chapter and said section 903, such 42 USC 1103, moneys in the federal administrative financing account shall be used solely for benefits or employment security administration by the department, including unemployment insurance, employment service, apprenticeship programs, and related statistical operations.

SB672,71 Section 71 . 108.161 (3e) of the statutes is amended to read:

SB672,24,3 108.161 (3e) Notwithstanding sub. (3), any moneys allocated under section 903 of the federal Social Security Act, as amended, 42 USC 1103 for federal fiscal years 2000 and 2001 and the first $2,389,107 of any distribution received by this state under section 903 of that act 42 USC 1103 in federal fiscal year 2002 shall be used solely for unemployment insurance administration.

SB672,72 Section 72 . 108.161 (4) of the statutes is amended to read:

SB672,24,8 108.161 (4) Such moneys Moneys in the federal administrative financing account shall be encumbered and spent for employment security administrative purposes only pursuant to, and after the effective date of, a specific legislative appropriation enactment that does all of the following:

SB672,24,10 (a) Stating States for which such purposes and in what amounts the appropriation is being made to the administrative account created by s. 108.20.

SB672,24,16 (b) Directing Directs the fund's treasurer to transfer the appropriated amounts to the administrative account the appropriation account under s. 20.445 (1) (n) only as and to the extent that they are currently needed for such expenditures, and directing directs that there shall be restored to the federal administrative financing account created by sub. (1) any amount thus transferred which that has ceased to be needed or available for such expenditures.

SB672,24,22 (c) Specifying Specifies that the appropriated amounts are available for obligation solely within the 2 years beginning on the appropriation law's date of enactment. This paragraph does not apply to the appropriations under s. 20.445 (1) (nd) and (ne) or to any amounts expended from the appropriation under s. 20.445 (1) (nb) from moneys transferred to this state on March 13, 2002, pursuant to section 903 (d) of the federal Social Security Act 42 USC 1103 (d).

SB672,25,2 (d) Limiting Limits the total amount which that may be obligated during any fiscal year to the aggregate of all amounts credited under sub. (1), including amounts credited pursuant to under sub. (8), reduced at the time of any obligation by the sum of the moneys obligated and charged against any of the amounts credited.

SB672,73 Section 73 . 108.161 (5) and (6) of the statutes are consolidated, renumbered 108.161 (5m) and amended to read:

SB672,25,11 108.161 (5m) The total of the amounts thus appropriated under sub. (4) for use in any fiscal year shall in no event exceed the moneys available for such use hereunder under this section, considering the timing of credits hereunder under this section and the sums already spent or appropriated or transferred or otherwise encumbered hereunder. (6) under this section. The fund's treasurer shall keep a record of all such times and amounts; shall charge transactions and shall do all of the following:

SB672,25,13 (a) Charge each sum against the earliest credits duly available therefor; shall include.

SB672,25,17 (b) Include any sum thus that has been appropriated but not yet spent hereunder under this section in computing the fund's net balance as of the close of any month, in line with the federal requirement that any such sum shall, until spent, be considered part of the fund; and shall certify .

SB672,25,18 (c) Certify the relevant facts whenever necessary hereunder.

SB672,74 Section 74 . 108.161 (7) of the statutes is amended to read:

SB672,25,25 108.161 (7) If any moneys appropriated hereunder under this section are used to buy and hold suitable land, with a view to the future construction of an and to build a suitable employment security building thereon, and if such land is later sold or transferred to other use, the proceeds of such sale ( , or the value of such land when transferred), shall be credited to the federal administrative financing account created by sub. (1) except as otherwise provided in ss. 13.48 (14) and 16.848.

SB672,75 Section 75. 108.161 (8) of the statutes is amended to read:

SB672,26,11 108.161 (8) If any sums are appropriated and spent hereunder under this section to buy land and to build a suitable employment security building thereon, or to purchase information technology hardware and software, then any federal moneys thereafter credited to the fund or paid to the department by way of gradual reimbursement of such employment security capital expenditures, or in lieu of the estimated periodic amounts which that would otherwise (, in the absence of such expenditures), be federally granted for the rental of substantially equivalent quarters, shall be credited to the federal administrative financing account created by sub. (1), consistently with any federal requirements applicable to the handling and crediting of such moneys.

SB672,76 Section 76 . 108.161 (9) of the statutes is amended to read:

SB672,26,23 108.161 (9) Any land and building or office quarters acquired under this section shall continue to be used for employment security purposes. Realty or quarters may not be sold or transferred to other use if prior action is taken under s. 13.48 (14) (am) or 16.848 (1) and may not be sold or transferred without the governor's approval. The proceeds from the sale, or the value of realty or quarters upon transfer, shall be credited to the federal administrative financing account established in sub. (1) or credited to the fund established in s. 108.20 appropriate appropriation account under s. 20.445, or both as determined by the department in accordance with federal requirements. Equivalent substitute rent-free quarters may be provided, as federally approved. Amounts credited under this subsection shall be used solely to finance employment security quarters according to federal requirements.

SB672,77 Section 77 . 108.162 (7) of the statutes is amended to read:

SB672,27,3 108.162 (7) Any amount appropriated under s. 20.445 (1) (na) which that has not been obligated shall be available for employment security local office building projects, consistent with this section and ss. s. 108.161 and 108.20.

SB672,78 Section 78 . 108.17 (2m) of the statutes is amended to read:

SB672,27,8 108.17 (2m) When a written statement of account is issued to an employer by the department, showing as duly credited that shows a specified amount received from the employer under this chapter as having been credited, no other form of state receipt therefor is required.

SB672,79 Section 79 . 108.17 (3) of the statutes is amended to read:

SB672,27,22 108.17 (3) If an employing unit makes application applies to the department to adjust an alleged overpayment by the employer of contributions or interest under this chapter, and files such an application within 3 years after the close of the calendar year in which such payment was made, the department shall make a determination determine under s. 108.10 as to the existence and whether and to what extent of any such an overpayment, and said section shall apply to such determination exists. Except as provided in sub. (3m), the department shall allow an employer a credit for any amount determined under s. 108.10 to have been erroneously paid by the employer, without interest, against its future contribution payments; or, if the department finds it impracticable to allow the employer such a credit, it shall refund such the overpayment to the employer, without interest, from the fund or the administrative account, as the case may be appropriate appropriation under s. 20.445.

SB672,80 Section 80 . 108.17 (3m) of the statutes is amended to read:

SB672,28,6 108.17 (3m) If an appeal tribunal or the commission issues a decision under s. 108.10 (2), or a court issues a decision on review under s. 108.10 (4), in which it is determined that an amount has been erroneously paid by an employer, the department shall, from the administrative account appropriation under s. 20.445 (1) (wd), credit the employer with interest at the rate of 0.75 percent per month or fraction thereof on the amount of the erroneous payment. Interest shall accrue from the month which the erroneous payment was made until the month in which it is either used as a credit against future contributions or refunded to the employer.

SB672,81 Section 81 . 108.18 (3) (c) of the statutes is amended to read:

SB672,28,11 108.18 (3) (c) Permitting the employer to pay such lower rate is consistent with the relevant conditions then applicable to additional credit allowance for such year under section 26 USC 3303 (a) of the federal unemployment tax act, any other provision to the contrary notwithstanding.