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AB910,16,2117 108.14 (8n) (a) The department shall enter into a reciprocal arrangement
18which is approved by the U.S. secretary of labor pursuant to section under 26 USC
193304
(a) (9) (B) of the internal revenue code, to provide more equitable benefit
20coverage for individuals whose recent work has been covered by the unemployment
21insurance laws of 2 or more jurisdictions.
AB910,52 22Section 52 . 108.14 (8n) (e) of the statutes is amended to read:
AB910,17,1123 108.14 (8n) (e) The department shall charge this state's share of any benefits
24paid under this subsection to the account of each employer by which the employee
25claiming benefits was employed in the applicable base period, in proportion to the

1total amount of wages he or she earned from each employer in the base period, except
2that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a)
3or (b) to (c), 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) would have applied to
4employment by such an employer who is subject to the contribution requirements of
5ss. 108.17 and 108.18, the department shall charge the share of benefits based on
6employment with that employer to the fund's balancing account, or, if s. 108.04 (1)
7(f) or, (5), or (5g) or 108.07 (3) would have applied to an employer that is not subject
8to the contribution requirements of ss. 108.17 and 108.18, the department shall
9charge the share of benefits based on that employment in accordance with s. 108.07
10(5) (am) 1. and 2. The department shall also charge the fund's balancing account with
11any other state's share of such benefits pending reimbursement by that state.
AB910,53 12Section 53 . 108.14 (26) of the statutes is amended to read:
AB910,17,1913 108.14 (26) The department shall prescribe by rule a standard affidavit form
14that may be used by parties to appeals under ss. 108.09, 108.095, and 108.10 and
15shall make the form available to employers and claimants. The form shall be
16sufficient to qualify as admissible evidence in a hearing under this chapter if the
17authentication is sufficient and the information set forth by the affiant is admissible,
18but its use by a party does not eliminate the right of an opposing party to cross
19examine the affiant concerning the facts asserted in the affidavit.
AB910,54 20Section 54 . 108.141 (1) (h) of the statutes is amended to read:
AB910,17,2321 108.141 (1) (h) “State law" means the unemployment insurance law of any
22state, that has been approved by the U.S. secretary of labor under section 26 USC
233304
of the internal revenue code.
AB910,55 24Section 55 . 108.141 (3g) (a) 3. b. of the statutes is amended to read:
AB910,18,4
1108.141 (3g) (a) 3. b. The gross average weekly remuneration for the work
2exceeds the claimant's weekly benefit rate plus any supplemental unemployment
3benefits, as defined in section 26 USC 501 (c) (17) (D) of the internal revenue code,
4then payable to the claimant;
AB910,56 5Section 56 . 108.141 (7) (a) of the statutes is amended to read:
AB910,18,136 108.141 (7) (a) The department shall charge the state's share of each week of
7extended benefits to each employer's account in proportion to the employer's share
8of the total wages of the employee receiving the benefits in the employee's base
9period, except that if the employer is subject to the contribution requirements of ss.
10108.17 and 108.18 the department shall charge the share of extended benefits to
11which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a)
12or (b) to (c), 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) applies to the fund's
13balancing account.
AB910,57 14Section 57 . 108.141 (7) (b) of the statutes is amended to read:
AB910,18,1915 108.141 (7) (b) The department shall charge the full amount of extended
16benefits based on employment for a government unit to the account of the
17government unit, except that if s. 108.04 (5), (5g), or (7) applies and the government
18unit has elected contribution financing the department shall charge one-half of the
19government unit's share of the benefits to the fund's balancing account.
AB910,58 20Section 58 . 108.145 of the statutes is amended to read:
AB910,19,6 21108.145 Disaster unemployment assistance. The department shall
22administer under s. 108.14 (9m) the distribution of disaster unemployment
23assistance to workers in this state who are not eligible for benefits whenever such
24assistance is made available by the president of the United States under 26 42 USC
255177
(a). In determining eligibility for assistance and the amount of assistance

1payable to any worker who was totally self-employed during the first 4 of the last 5
2most recently completed quarters preceding the date on which the worker claims
3assistance, the department shall not reduce the assistance otherwise payable to the
4worker because the worker receives one or more payments under the social security
5act (,42 USC 301 et seq.) ch. 7, for the same week that the worker qualifies for such
6assistance.
AB910,59 7Section 59 . 108.15 (3) (d) of the statutes is amended to read:
AB910,19,158 108.15 (3) (d) If a government unit elects contribution financing for any
9calendar year after the first calendar year it becomes newly subject to this chapter,
10it shall be liable to reimburse the fund for any benefits based on prior employment.
11If a government unit terminates its election of contribution financing, ss. 108.17 and
12108.18 shall apply to employment in the prior calendar year, but after all benefits
13based on such prior employment have been charged to its contribution account any
14balance remaining in such account shall be transferred to the fund's balancing
15account.
AB910,60 16Section 60 . 108.151 (2) (d) of the statutes is amended to read:
AB910,19,2017 108.151 (2) (d) Sections 108.17 and 108.18 shall apply to all prior employment,
18but after all benefits based on prior employment have been charged to any account
19it has had under s. 108.16 (2) any balance remaining therein shall be transferred to
20the fund's balancing account as if s. 108.16 (6) (c) or (6m) (d) applied.
AB910,61 21Section 61 . 108.151 (7) (c) of the statutes is amended to read:
AB910,20,922 108.151 (7) (c) The fund's treasurer shall determine the total amount due from
23employers electing reimbursement financing under this section that is uncollectible
24as of June 30 of each year, but not including any amount that the department
25determined to be uncollectible prior to before January 1, 2004. No amount may be

1treated as uncollectible under this paragraph unless the department has exhausted
2all reasonable remedies for collection of the amount, including liquidation of the
3assurance required under sub. (4). The department shall charge the total amounts
4so determined to the uncollectible reimbursable benefits account under s. 108.16
5(6w). Whenever, as of June 30 of any year, this that account has a negative balance
6of $5,000 or more, the treasurer shall, except as provided in par. (i), determine the
7rate of an assessment to be levied under par. (b) for that year, which shall then
8become payable by all employers that have elected reimbursement financing under
9this section as of that date.
AB910,62 10Section 62 . 108.151 (7) (f) of the statutes is amended to read:
AB910,20,1411 108.151 (7) (f) If any employer would otherwise be assessed an amount less
12than $10 $20 for a calendar year, the department shall, in lieu of requiring that
13employer to pay an assessment for that calendar year, apply the amount that the
14employer would have been required to pay to the other employers on a pro rata basis.
AB910,63 15Section 63 . 108.151 (7) (i) of the statutes is created to read:
AB910,20,2216 108.151 (7) (i) In lieu of or in addition to assessing employers as provided in
17par. (b), the fund's treasurer may apply amounts set aside in the fund's balancing
18account under s. 108.155 (2) (a) to amounts determined to be uncollectible under par.
19(c) by transferring those amounts to the account under s. 108.16 (6w). The fund's
20treasurer may not act under this paragraph whenever the balance remaining of the
21amount set aside under s. 108.155 (2) (a) is less than $1,750,000 and may not act to
22reduce the amount set aside below that amount.
AB910,64 23Section 64 . 108.152 (1) (d) of the statutes is amended to read:
AB910,21,524 108.152 (1) (d) If the Indian tribe or tribal unit is an employer prior to before
25the effective date of an election, ss. 108.17 and 108.18 shall apply to all employment

1prior to before the effective date of the election, but after all benefits based on prior
2employment have been charged to any account that it has had under s. 108.16 (2),
3the department shall transfer any positive balance or charge any negative balance
4remaining therein to the fund's balancing account as if s. 108.16 (6) (c) and (6m) (d)
5applied.
AB910,65 6Section 65 . 108.155 (2) (a) and (d) of the statutes are amended to read:
AB910,21,127 108.155 (2) (a) On October 2, 2016, the fund's treasurer shall set aside
8$2,000,000 in the fund's balancing account for accounting purposes. On an ongoing
9basis, the fund's treasurer shall tally the amounts allocated to reimbursable
10employers' accounts under s. 108.04 (13) (d) 4. c. and all amounts transferred to the
11account under s. 108.16 (6w) as provided in s. 108.151 (7) (i) and shall
deduct those
12amounts from the amount set aside plus any interest calculated thereon.
AB910,21,1913 (d) If the department assesses reimbursable employers under par. (c), the
14department shall determine the amount of assessments to be levied as provided in
15sub. (3), and the fund's treasurer shall notify reimbursable employers that the
16assessment will be imposed. Except as provided in sub. (3) (c), the assessment shall
17be payable by each reimbursable employer that is subject to this chapter as of the
18date the assessment is imposed. Assessments imposed under this section shall be
19credited to the fund's balancing account.
AB910,66 20Section 66 . 108.16 (6m) (a) of the statutes is amended to read:
AB910,21,2421 108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s.
22108.04 (1) (f), (5), (5g), (7) (h) (u), (7m), (8) (a) or (b) to (c), (13) (c) or (d) or (16) (e),
23108.07 (3), (3r), (5) (am) 2. and (bm) 3. a., (5m), and (6), 108.133 (3) (f), 108.14 (8n)
24(e), 108.141, 108.15, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
AB910,67 25Section 67 . 108.16 (6m) (j) of the statutes is created to read:
AB910,22,2
1108.16 (6m) (j) Any amount transferred to the account under sub. (6w) as
2provided in s. 108.151 (7) (i).
AB910,68 3Section 68 . 108.16 (6w) of the statutes is amended to read:
AB910,22,74 108.16 (6w) The department shall maintain within the fund an uncollectible
5reimbursable benefits account to which the department shall credit all amounts
6received from employers under s. 108.151 (7)
and all amounts transferred from the
7fund's balancing account as provided in s.
108.151 (7) (i).
AB910,69 8Section 69 . 108.16 (6x) of the statutes is amended to read:
AB910,22,139 108.16 (6x) The department shall charge to the uncollectible reimbursable
10benefits account the amount of any benefits paid from the fund's balancing account
11that are reimbursable under s. 108.151 but for which the department does not receive
12reimbursement after the department exhausts all reasonable remedies for collection
13of the amount.
AB910,70 14Section 70 . 108.16 (9) (a) of the statutes is amended to read:
AB910,22,1815 108.16 (9) (a) Consistently with section 26 USC 3305 of the internal revenue
16code
, relating to federal instrumentalities which that are neither wholly nor
17partially owned by the United States nor otherwise specifically exempt from the tax
18imposed by section under 26 USC 3301 of the internal revenue code:
AB910,22,2219 1. Any contributions required and paid under this chapter for 1939 or any
20subsequent
year by any such instrumentality, including any national bank, shall be
21refunded to such that instrumentality in case this chapter is not certified with
22respect to such year under s. 26 USC 3304 of said code.
AB910,22,2523 2. No national banking association which is subject to this chapter shall be
24required to comply with any of its provisions or requirements under this chapter, to
25the extent that such compliance would be contrary to s. 26 USC 3305 of said code.
AB910,71
1Section 71. 108.18 (3) (c) of the statutes is amended to read:
AB910,23,52 108.18 (3) (c) Permitting the employer to pay such lower rate is consistent with
3the relevant conditions then applicable to additional credit allowance for such year
4under section 26 USC 3303 (a) of the federal unemployment tax act, any other
5provision to the contrary notwithstanding.
AB910,72 6Section 72 . 108.19 (3) of the statutes is repealed.
AB910,73 7Section 73 . 108.22 (8e) of the statutes is amended to read:
AB910,23,138 108.22 (8e) If the department determines a payment has been made to an
9unintended recipient erroneously without fault on the part of the intended payee or
10payee's authorized agent, the department may issue the correct payment to the
11intended payee if necessary, and may recover the amount of the erroneous payment
12from the recipient under this section or s. 108.225 or 108.245. Any amount so
13recovered shall be credited to the fund's balancing account.
AB910,74 14Section 74 . 108.22 (10) of the statutes is amended to read:
AB910,24,415 108.22 (10) A private agency that serves as a fiscal agent under s. 46.2785 or
16contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.272 (7) (e)
17or 47.035 as to any individual performing services for a person receiving long-term
18support services under s. 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286,
1946.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c) may be
20found jointly and severally liable for the amounts owed by the person under this
21chapter, if, at the time the person's quarterly report is due under this chapter, the
22private agency served as a fiscal agent for the person. The liability of the agency as
23provided in this subsection survives dissolution, reorganization, bankruptcy,
24receivership, assignment for the benefit of creditors, judicially confirmed extension
25or composition, or any analogous situation of the person and shall be set forth in a

1determination or decision issued under s. 108.10. An appeal or review of a
2determination under this subsection shall not include an appeal or review of
3determinations of amounts owed by the person. This subsection does not apply with
4respect to a private agency that has made an election under s. 108.065 (3m).
AB910,75 5Section 75 . 108.223 (2) (b) of the statutes is amended to read:
AB910,24,156 108.223 (2) (b) The department shall enter into agreements with financial
7institutions doing business in this state to operate the financial record matching
8program under this section. An agreement shall require the financial institution to
9participate in the financial record matching program by electing either the financial
10institution matching option under sub. (3) or the state matching option under sub.
11(4). The financial institution and the department may by mutual agreement make
12changes to
amend the agreement. A financial institution that wishes to choose a
13different matching option shall provide the department with at least 60 days' notice.
14The department shall furnish the financial institution with a signed copy of the
15agreement.
AB910,76 16Section 76 . 108.23 of the statutes is amended to read:
AB910,25,4 17108.23 Preference of required payments. In the event of an employer's
18dissolution, reorganization, bankruptcy, receivership, assignment for benefit of
19creditors, judicially confirmed extension proposal or composition, or any analogous
20situation including the administration of estates in circuit courts, the payments
21required of the employer under this chapter shall have preference over all claims of
22general creditors and shall be paid next after the payment of preferred claims for
23wages. If the employer is indebted to the federal government for taxes due under the
24federal unemployment tax act and a claim for the taxes has been duly filed, the
25amount of contributions which should be paid to allow the employer the maximum

1offset against the taxes shall have preference over preferred claims for wages and
2shall be on a par with debts due the United States, if by establishing the preference
3the offset against the federal tax can be secured under s. 26 USC 3302 (a) (3) of the
4federal unemployment tax act
.
AB910,77 5Section 77 . 108.24 (3) (a) 3. a. of the statutes is amended to read:
AB910,25,86 108.24 (3) (a) 3. a. Refrain from claiming or accepting benefits, participating
7in an audit or investigation by the department, or testifying in a hearing held under
8s. 108.09, 108.095, or 108.10.
AB910,78 9Section 78 . 108.24 (3) (a) 4. of the statutes is amended to read:
AB910,25,1310 108.24 (3) (a) 4. Discriminates or retaliates against an individual because the
11individual claims benefits, participates in an audit or investigation by the
12department under this chapter, testifies in a hearing under s. 108.09 , 108.095, or
13108.10, or exercises any other right under this chapter.
AB910,79 14Section 79 . Initial applicability.
AB910,25,1615 (1) The treatment of s. 108.02 (15) (k) 21. first applies to services performed on
16the effective date of this subsection.
AB910,25,1817 (2) The treatment of s. 108.02 (10e) (c) first applies to determinations issued
18under s. 108.09 on the effective date of this subsection.
AB910,80 19Section 80 . Effective dates. This act takes effect on the first Sunday after
20publication, except as follows:
AB910,25,2221 (1) The treatment of s. 16.48 (1) (a) (intro.), 1., 2., 3., 4., 5., and 6. and (b), (2),
22(3), and (4) takes effect on February 1, 2022.
AB910,25,2423 (2) The treatment of ss. 108.02 (13) (k) and 108.065 (1e) (intro.) and (3m) takes
24effect on January 1, 2023.
AB910,26,2
1(3) The creation of s. 108.02 (15) (k) 21. and Section 79 (1 ) of this act take effect
2on the first Sunday of the first year beginning after the date of publication.
AB910,26,33 (End)
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