SB899: Bill Text

SB899,20 Section 20 . 108.07 (5) (am) 3. of the statutes is amended to read:

SB899,8,21 108.07 (5) (am) 3. 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).

SB899,21 Section 21 . 108.07 (6) of the statutes is amended to read:

SB899,9,2 108.07 (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).

SB899,22 Section 22 . 108.09 (5) (b) of the statutes is amended to read:

SB899,9,12 108.09 (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).

SB899,23 Section 23 . 108.14 (2m) of the statutes is amended to read:

SB899,9,25 108.14 (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).

SB899,24 Section 24 . 108.14 (3m) of the statutes is amended to read:

SB899,10,21 108.14 (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 1111, 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.

SB899,25 Section 25 . 108.14 (7) (c) of the statutes is repealed.

SB899,26 Section 26 . 108.14 (12) (a) to (d) of the statutes are consolidated, renumbered 108.14 (12) (am) and amended to read:

SB899,12,2 108.14 (12) (am) Consistently 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.

SB899,27 Section 27 . 108.14 (12) (e) of the statutes is renumbered 108.14 (12) (bm) and amended to read:

SB899,12,8 108.14 (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.

SB899,28 Section 28 . 108.14 (16) of the statutes is amended to read:

SB899,12,18 108.14 (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.

SB899,29 Section 29 . 108.14 (18) of the statutes is renumbered 108.19 (1e) (e) and amended to read:

SB899,12,25 108.19 (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.

SB899,30 Section 30 . 108.14 (23) (d) of the statutes is repealed.

SB899,31 Section 31 . 108.16 (5) (c) of the statutes is amended to read:

SB899,13,9 108.16 (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).

SB899,32 Section 32 . 108.16 (6) (k) of the statutes is amended to read:

SB899,13,12 108.16 (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).

SB899,33 Section 33 . 108.16 (6) (m) of the statutes is amended to read:

SB899,13,15 108.16 (6) (m) Any amounts transferred to the balancing account from the unemployment interest payment fund under s. 108.19 (1m) (f).

SB899,34 Section 34 . 108.16 (8) (f) of the statutes is amended to read:

SB899,13,25 108.16 (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.

SB899,35 Section 35. 108.161 (title) of the statutes is amended to read:

SB899,14,3 108.161 (title) Federal administrative financing account; Reed Act distributions.

SB899,36 Section 36 . 108.161 (1) and (1m) of the statutes are consolidated, renumbered 108.161 (1) and amended to read:

SB899,14,12 108.161 (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).

SB899,37 Section 37 . 108.161 (2) of the statutes is amended to read:

SB899,14,16 108.161 (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.

SB899,38 Section 38 . 108.161 (3) of the statutes is amended to read:

SB899,14,22 108.161 (3) Consistently 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.

SB899,39 Section 39 . 108.161 (3e) of the statutes is amended to read:

SB899,15,3 108.161 (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.

SB899,40 Section 40 . 108.161 (4) of the statutes is amended to read:

SB899,15,8 108.161 (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:

SB899,15,10 (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.

SB899,15,16 (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.

SB899,15,22 (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).

SB899,16,2 (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.

SB899,41 Section 41 . 108.161 (5) and (6) of the statutes are consolidated, renumbered 108.161 (5m) and amended to read:

SB899,16,11 108.161 (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:

SB899,16,13 (a) Charge each sum against the earliest credits duly available therefor; shall include.

SB899,16,17 (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 .

SB899,16,18 (c) Certify the relevant facts whenever necessary hereunder.

SB899,42 Section 42 . 108.161 (7) of the statutes is amended to read:

SB899,16,25 108.161 (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.

SB899,43 Section 43. 108.161 (8) of the statutes is amended to read:

SB899,17,11 108.161 (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.

SB899,44 Section 44 . 108.161 (9) of the statutes is amended to read:

SB899,17,23 108.161 (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.

SB899,45 Section 45 . 108.162 (7) of the statutes is amended to read:

SB899,18,3 108.162 (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.

SB899,46 Section 46 . 108.17 (2m) of the statutes is amended to read:

SB899,18,8 108.17 (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.

SB899,47 Section 47 . 108.17 (3) of the statutes is amended to read:

SB899,18,22 108.17 (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.

SB899,48 Section 48 . 108.17 (3m) of the statutes is amended to read:

SB899,19,6 108.17 (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.

SB899,49 Section 49 . 108.18 (7) (a) 1. of the statutes is amended to read:

SB899,19,12 108.18 (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.

SB899,50 Section 50 . 108.18 (7) (h) of the statutes is amended to read:

SB899,19,19 108.18 (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.

SB899,51 Section 51 . 108.19 (title) of the statutes is repealed and recreated to read:

SB899,19,21 108.19 (title) Special assessments.

SB899,52 Section 52 . 108.19 (1) of the statutes is renumbered 108.19 (1) (a) and amended to read:

SB899,20,6 108.19 (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.

SB899,53 Section 53 . 108.19 (1) (d) of the statutes is created to read:

SB899,20,9 108.19 (1) (d) Assessments under this subsection shall be credited to the appropriation account under s. 20.445 (1) (wc).

SB899,54 Section 54 . 108.19 (1e) (a) of the statutes is amended to read:

SB899,20,17 108.19 (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.

SB899,55 Section 55 . 108.19 (1e) (cm) of the statutes is created to read:

SB899,20,20 108.19 (1e) (cm) Assessments under this subsection shall be credited to the appropriation under s. 20.445 (1) (wh).

SB899,56 Section 56 . 108.19 (1e) (d) of the statutes is amended to read:

SB899,21,2 108.19 (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.

SB899,57 Section 57 . 108.19 (1f) (a) of the statutes is amended to read:

SB899,21,9 108.19 (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.

SB899,21,11 (d) Assessments under this paragraph subsection shall be deposited in the unemployment program integrity fund.

SB899,58 Section 58 . 108.19 (1f) (c) of the statutes is amended to read:

SB899,21,16 108.19 (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.

SB899,59 Section 59 . 108.19 (1m) of the statutes is renumbered 108.19 (1m) (a) and amended to read:

SB899,22,5 108.19 (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.

SB899,22,7 (d) Each assessment made under this subsection is due within 30 days after the date the department issues the assessment. If the

SB899,22,16 (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.

SB899,60 Section 60 . 108.19 (1m) (e) of the statutes is created to read: