SB672: Bill Text

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.

SB672,82 Section 82 . 108.18 (7) (a) 1. of the statutes is amended to read:

SB672,28,17 108.18 (7) (a) 1. Except as provided in pars. (b) to (i), any employer may make payments to the fund during the month of November in excess of those required by this section and s. 108.19 (1), (1e), and (1f). Each payment shall be credited to the employer's account for the purpose of computing the employer's reserve percentage as of the immediately preceding computation date.

SB672,83 Section 83 . 108.18 (7) (h) of the statutes is amended to read:

SB672,28,24 108.18 (7) (h) The department shall establish contributions, other than those contributions required by this section and assessments required under s. 108.19 (1), (1e), and (1f) and contributions other than those submitted during the month of November or authorized under par. (f) or (i) 2., as a credit, without interest, against future contributions payable by the employer or shall refund the contributions at the employer's option.

SB672,84 Section 84 . 108.19 (title) of the statutes is repealed and recreated to read:

SB672,29,1 108.19 (title) Special assessments.

SB672,85 Section 85 . 108.19 (1) of the statutes is renumbered 108.19 (1) (a) and amended to read:

SB672,29,11 108.19 (1) (a) Each employer subject to this chapter shall regularly contribute to the administrative account at the rate of two-tenths of one pay an assessment equal to 0.2 percent per year on its payroll, except that the department may prescribe at the close of any fiscal year such lower rates of contribution under this section subsection, to apply to classes of employers throughout the ensuing fiscal year, as will in the department's judgment adequately finance the administration of this chapter, and as will in the department's judgment fairly represent the relative cost of the services rendered by the department to each such class.

SB672,86 Section 86. 108.19 (1) (d) of the statutes is created to read:

SB672,29,14 108.19 (1) (d) Assessments under this subsection shall be credited to the appropriation account under s. 20.445 (1) (wc).

SB672,87 Section 87 . 108.19 (1e) (a) of the statutes is amended to read:

SB672,29,22 108.19 (1e) (a) Except as provided in par. (b), each employer, other than an employer that finances benefits by reimbursement in lieu of contributions under s. 108.15, 108.151, or 108.152 shall, in addition to other contributions amounts payable under s. 108.18 and this section, pay an assessment to the administrative account for each year prior to before the year 2010 equal to the lesser of 0.01 percent of its payroll for that year or the solvency contribution that would otherwise be payable by the employer under s. 108.18 (9) for that year.

SB672,88 Section 88 . 108.19 (1e) (cm) of the statutes is created to read:

SB672,29,25 108.19 (1e) (cm) Assessments under this subsection shall be credited to the appropriation under s. 20.445 (1) (wh).

SB672,89 Section 89. 108.19 (1e) (d) of the statutes is amended to read:

SB672,30,7 108.19 (1e) (d) The department may expend the moneys received from assessments levied under this subsection in the amounts authorized under s. 20.445 (1) (gh) (wh) for the renovation and modernization of unemployment insurance information technology systems, specifically including development and implementation of a new system and reengineering of automated processes and manual business functions.

SB672,90 Section 90 . 108.19 (1f) (a) of the statutes is amended to read:

SB672,30,14 108.19 (1f) (a) Except as provided in par. (b), each employer, other than an employer that finances benefits by reimbursement in lieu of contributions under s. 108.15, 108.151, or 108.152 shall, in addition to other contributions amounts payable under s. 108.18 and this section, pay an assessment for each year equal to the lesser of 0.01 percent of its payroll for that year or the solvency contribution that would otherwise be payable by the employer under s. 108.18 (9) for that year.

SB672,30,16 (d) Assessments under this paragraph subsection shall be deposited in the unemployment program integrity fund.

SB672,91 Section 91 . 108.19 (1f) (c) of the statutes is amended to read:

SB672,30,21 108.19 (1f) (c) Notwithstanding par. (a), the department may, if it finds that the full amount of the levy is not required to effect the purposes specified in sub. (1s) s. 108.20 (2) (b) for any year, prescribe a reduced levy for that year and in such case shall publish in the notice under par. (b) the rate of the reduced levy.

SB672,92 Section 92 . 108.19 (1m) of the statutes is renumbered 108.19 (1m) (a) and amended to read:

SB672,31,10 108.19 (1m) (a) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the federal social security act, 42 USC 1321 to 1324. The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department.

SB672,31,12 (d) Each assessment made under this subsection is due within 30 days after the date the department issues the assessment. If the

SB672,31,21 (f) The department shall use amounts collected from employers under this subsection exceed the amounts needed to pay interest due on advances from the federal unemployment account under 42 USC 1321 to 1324. If the amounts collected exceed the amounts needed to pay that interest for a given year, the department shall use any the excess to pay interest owed in subsequent years on advances from the federal unemployment account. If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the fund's balancing account of the fund, the unemployment program integrity fund, or both in amounts determined by the department.

SB672,93 Section 93 . 108.19 (1m) (e) of the statutes is created to read:

SB672,31,24 108.19 (1m) (e) Assessments under this subsection shall be deposited in the unemployment interest payment fund.

SB672,94 Section 94. 108.19 (1n) of the statutes is renumbered 108.19 (1m) (b) and amended to read:

SB672,32,5 108.19 (1m) (b) The department shall publish as a class 1 notice under ch. 985 any rate established under sub. (1m) par. (a) within 10 days of after the date that the rate is established.

SB672,95 Section 95 . 108.19 (1p) of the statutes is renumbered 108.19 (1m) (c) and amended to read:

SB672,32,10 108.19 (1m) (c) Notwithstanding sub. (1m) par. (a), an employer having a payroll of $25,000 or less for the preceding calendar year is exempt from any assessment under sub. (1m) this subsection.

SB672,96 Section 96 . 108.19 (1q) of the statutes is renumbered 108.20 (3) and amended to read:

SB672,32,16 108.20 (3) Unemployment interest payment fund. There is created a separate, nonlapsible trust fund designated as the unemployment interest payment fund consisting of all amounts collected under sub. s. 108.19 (1m) (a) and all interest and penalties on those amounts collected under s. 108.22.

SB672,97 Section 97 . 108.19 (1s) of the statutes is renumbered 108.20 (2), and 108.20 (2) (a) 3., as renumbered, is amended to read:

SB672,32,19 108.20 (2) (a) 3. Amounts transferred under sub. (1m) s. 108.19 (1m) (f).

SB672,98 Section 98 . 108.19 (2) of the statutes is renumbered 108.19 (1) (b) and amended to read:

SB672,33,3 108.19 (1) (b) If the department finds, at any time within a fiscal year for which it has prescribed lower contribution rates to the administrative account than the maximum rate permitted under sub. (1) par. (a), that such lower rates will not adequately finance the administration of this chapter or are excessive for that purpose, the department may by general rule prescribe a new schedule of rates in no case exceeding the specified maximum to apply under this section subsection for the balance of the fiscal year.

SB672,99 Section 99 . 108.19 (2m) of the statutes is renumbered 108.19 (1) (c) and amended to read:

SB672,33,10 108.19 (1) (c) Within the limit specified by sub. (1) under par. (a), the department may by rule prescribe at any time as to any period any such rate or rates or schedule as it deems necessary and proper hereunder under this subsection. Unless thus prescribed, no such rate or rates or schedule shall apply under sub. (1) or (2) par. (a) or (b).

SB672,100 Section 100 . 108.19 (3) of the statutes is repealed.

SB672,101 Section 101 . 108.19 (4) of the statutes is renumbered 108.18 (1) (c) and amended to read:

SB672,34,2 108.18 (1) (c) If section 303 Notwithstanding par. (b), if 42 USC 503 (a) (5) of title III of the social security act and section 26 USC 3304 (a) (4) of the internal revenue code are amended to permit a state agency to use, in financing administrative expenditures incurred in carrying out its employment security functions, some any part of the moneys collected or to be collected under the state unemployment insurance law, an employer's contributions in partial or complete substitution for grants under title III 42 USC 501 to 506, then this chapter shall, by rule of the department, be modified in the manner and to the extent and within the limits necessary to permit such use by the department under this chapter; and the modifications shall become effective on the same date as such use becomes permissible under the federal amendments the department may credit any portion of that part of an employer's contributions to the appropriation under s. 20.445 (1) (wd).

SB672,102 Section 102 . 108.20 of the statutes is repealed and recreated to read:

SB672,34,7 108.20 Segregated funds. (1) Unemployment administration fund. There is created a separate, nonlapsible trust fund designated as the unemployment administration fund consisting of moneys credited to the appropriation accounts under s. 20.445 (1) (wc), (wd), and (wh).

SB672,34,8 (2) Unemployment program integrity fund.

SB672,103 Section 103 . 108.22 (1) (am) of the statutes is amended to read:

SB672,34,12 108.22 (1) (am) The interest, penalties, and tardy filing fees levied under pars. (a), (ac), (ad), and (af) shall be paid to the department and credited to the administrative account appropriation under s. 20.445 (1) (wd).

SB672,104 Section 104 . 108.22 (1m) of the statutes is amended to read:

SB672,35,4 108.22 (1m) If any person owes any contributions, reimbursements or assessments under s. 108.15, 108.151, 108.152, 108.155, or 108.19 (1m), benefit overpayments, interest, fees, payments for forfeitures, other penalties, or any other amount to the department under this chapter and fails to pay the amount owed, the department has a perfected lien upon the right, title, and interest in all of the person's real and personal property located in this state in the amount finally determined to be owed, plus costs. Except where creation of a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective upon the earlier of the date on which the amount is first due or the date on which the department issues a determination of the amount owed under this chapter and shall continue until the amount owed, plus costs and interest to the date of payment, is paid, except as provided in sub. (8) (d). If a lien is initially barred or stayed by bankruptcy or other insolvency law, it shall become effective immediately upon expiration or removal of such bar or stay. The perfected lien does not give the department priority over lienholders, mortgagees, purchasers for value, judgment creditors, and pledges whose interests have been recorded before the department's lien is recorded.

SB672,105 Section 105 . 108.22 (8e) of the statutes is amended to read:

SB672,35,11 108.22 (8e) If the department determines a payment has been made to an unintended recipient erroneously without fault on the part of the intended payee or payee's authorized agent, the department may issue the correct payment to the intended payee if necessary, and may recover the amount of the erroneous payment from the recipient under this section or s. 108.225 or 108.245. Any amount so recovered shall be credited to the fund's balancing account.

SB672,106 Section 106 . 108.223 (2) (b) of the statutes is amended to read:

SB672,35,22 108.223 (2) (b) The department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. An agreement shall require the financial institution to participate in the financial record matching program by electing either the financial institution matching option under sub. (3) or the state matching option under sub. (4). The financial institution and the department may by mutual agreement make changes to amend the agreement. A financial institution that wishes to choose a different matching option shall provide the department with at least 60 days' notice. The department shall furnish the financial institution with a signed copy of the agreement.

SB672,107 Section 107 . 108.23 of the statutes is amended to read:

SB672,36,11 108.23 Preference of required payments. In the event of an employer's dissolution, reorganization, bankruptcy, receivership, assignment for benefit of creditors, judicially confirmed extension proposal or composition, or any analogous situation including the administration of estates in circuit courts, the payments required of the employer under this chapter shall have preference over all claims of general creditors and shall be paid next after the payment of preferred claims for wages. If the employer is indebted to the federal government for taxes due under the federal unemployment tax act and a claim for the taxes has been duly filed, the amount of contributions which should be paid to allow the employer the maximum offset against the taxes shall have preference over preferred claims for wages and shall be on a par with debts due the United States, if by establishing the preference the offset against the federal tax can be secured under s. 26 USC 3302 (a) (3) of the federal unemployment tax act.

SB672,108 Section 108 . 108.24 (3) (a) 3. a. of the statutes is amended to read:

SB672,36,15 108.24 (3) (a) 3. a. Refrain from claiming or accepting benefits, participating in an audit or investigation by the department, or testifying in a hearing held under s. 108.09, 108.095, or 108.10.

SB672,109 Section 109 . 108.24 (3) (a) 4. of the statutes is amended to read:

SB672,36,20 108.24 (3) (a) 4. Discriminates or retaliates against an individual because the individual claims benefits, participates in an audit or investigation by the department under this chapter, testifies in a hearing under s. 108.09 , 108.095, or 108.10, or exercises any other right under this chapter.