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LRB-5846/1
MED&EAW:cjs&wlj
2021 - 2022 LEGISLATURE
February 1, 2022 - Introduced by Committee on Labor and Regulatory Reform.
Referred to Committee on Labor and Regulatory Reform.
SB899,2,3 1An Act to repeal 20.445 (1) (gg), 20.445 (1) (gm), 108.02 (1), 108.14 (7) (c) and
2108.14 (23) (d); to renumber and amend 20.445 (1) (gc), 20.445 (1) (gd), 20.445
3(1) (gh), 108.14 (12) (e), 108.14 (18), 108.19 (1), 108.19 (1m), 108.19 (1n), 108.19
4(1p), 108.19 (1q), 108.19 (1s), 108.19 (2), 108.19 (2m) and 108.19 (4); to
5consolidate, renumber and amend
108.14 (12) (a) to (d), 108.161 (1) and
6(1m) and 108.161 (5) and (6); to amend 20.445 (1) (n), 20.445 (1) (nb), 20.445
7(1) (nd), 20.445 (1) (ne), 20.445 (1) (u), 20.445 (1) (v), 25.17 (1) (xe), 25.17 (1) (xf),
8103.05 (5) (d), 108.04 (11) (f), 108.07 (5) (am) (intro.), 108.07 (5) (am) 1., 108.07
9(5) (am) 3., 108.07 (6), 108.09 (5) (b), 108.14 (2m), 108.14 (3m), 108.14 (16),
10108.16 (5) (c), 108.16 (6) (k), 108.16 (6) (m), 108.16 (8) (f), 108.161 (title), 108.161
11(2), 108.161 (3), 108.161 (3e), 108.161 (4), 108.161 (7), 108.161 (8), 108.161 (9),
12108.162 (7), 108.17 (2m), 108.17 (3), 108.17 (3m), 108.18 (7) (a) 1., 108.18 (7) (h),
13108.19 (1e) (a), 108.19 (1e) (d), 108.19 (1f) (a), 108.19 (1f) (c), 108.22 (1) (am) and
14108.22 (1m); to repeal and recreate 108.19 (title) and 108.20; and to create

120.427 (1) (g), 108.19 (1) (d), 108.19 (1e) (cm) and 108.19 (1m) (e) of the statutes;
2relating to: various changes to the unemployment insurance law and making
3an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the unemployment insurance (UI) law,
which is administered by the Department of Workforce Development. Significant
changes include all of the following:
Segregated fund
The bill creates a segregated fund to receive various program revenue moneys
received by DWD under the UI law that are not otherwise credited to other
segregated funds, including various moneys collected by DWD as interest and
penalties under the UI law and all other nonfederal moneys received for the
administration of the UI law that are not otherwise appropriated. Current law
provides for depositing these revenues in appropriations in the general fund.
Other changes
The bill makes various changes to a) reorganize, clarify, and update provisions
relating to the financing of the UI law; and b) address numerous out-of-date or
erroneous cross-references in the UI law, including all of the following:
1. Repealing and consolidating certain appropriations and making other
changes to clarify the funding sources and receiving appropriations for various
revenues and expenses under the UI law.
2. Creating a program revenue appropriation for the Labor and Industry
Review Commission to collect moneys received for the copying and generation of
documents and for other services provided in carrying out its functions.
3. Deleting obsolete references to state laws.
4. Correcting various cross-references that are otherwise incomplete or
erroneous.
5. Replacing certain references to provisions in federal acts or to the Internal
Revenue Code with references to the U.S. Code in order to facilitate accessibility to
federal law.
6. Making other nonsubstantive changes to the UI law to improve organization,
modernize language, and provide further clarity, specificity, and consistency in the
law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB899,1
1Section 1 . 20.427 (1) (g) of the statutes is created to read:
SB899,3,52 20.427 (1) (g) Agency collections. All moneys received from fees or other
3charges for copying of documents, generation of copies of documents from optical disc
4or electronic storage, publication of books, and other services provided in carrying
5out the functions of the commission.
SB899,2 6Section 2 . 20.445 (1) (gc) of the statutes is renumbered 20.445 (1) (wc) and
7amended to read:
SB899,3,108 20.445 (1) (wc) Unemployment administration. All From the unemployment
9administration fund, all
moneys received by the department under s. 108.19 not
10otherwise appropriated under this subsection
(1) for the administration of ch. 108.
SB899,3 11Section 3 . 20.445 (1) (gd) of the statutes is renumbered 20.445 (1) (wd) and
12amended to read:
SB899,4,1013 20.445 (1) (wd) Unemployment interest and penalty payments. All From the
14unemployment administration fund, all
moneys received as interest and penalties
15collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22 except interest and
16penalties deposited under s. 108.19 (1q), and forfeitures under s. 103.05 (5), all
17moneys not appropriated under par. (gg) and
108.20 (3), all moneys received as
18forfeitures under s. 103.05 (5), all moneys received under s. 108.09 (5) (c), all moneys
19received under s. 108.14 (16), all moneys received under s. 108.18 (1) (c),
all moneys
20transferred to this appropriation account from the appropriation account under par.
21(gh) (wh), and all other nonfederal moneys received for the employment service or
22for the administration of ch. 108 that are not otherwise appropriated under this
23subsection,
for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin
24Act 38, section 132 (1) (c)
, for the payment of interest to employers under s. 108.17
25(3m), for research relating to the condition of the unemployment reserve fund under

1s. 108.14 (6), for administration of the unemployment insurance program and federal
2or state unemployment insurance programs authorized by the governor under s.
316.54, for satisfaction of any federal audit exception concerning a payment from the
4unemployment reserve fund or any federal aid disallowance concerning the
5unemployment insurance program, for assistance to the department of justice in the
6enforcement of ch. 108, for the payment of interest due on advances from the federal
7unemployment account under title XII of the social security act 42 USC 1321 to 1324
8to the unemployment reserve fund, and for payments made to the unemployment
9reserve fund to obtain a lower interest rate or deferral of interest payments on these
10advances, except as otherwise provided in s. 108.20.
SB899,4 11Section 4 . 20.445 (1) (gg) of the statutes is repealed.
SB899,5 12Section 5 . 20.445 (1) (gh) of the statutes is renumbered 20.445 (1) (wh) and
13amended to read:
SB899,4,1914 20.445 (1) (wh) Unemployment information technology systems; assessments.
15All From the unemployment administration fund, all moneys received from
16assessments levied under s. 108.19 (1e) (a) and 1997 Wisconsin Act 39, section 164
17(2)
, for the purpose specified in s. 108.19 (1e) (d). The treasurer of the unemployment
18reserve fund may transfer moneys from this appropriation account to the
19appropriation account under par. (gd) (wd).
SB899,6 20Section 6 . 20.445 (1) (gm) of the statutes is repealed.
SB899,7 21Section 7 . 20.445 (1) (n) of the statutes is amended to read:
SB899,5,1822 20.445 (1) (n) Employment assistance and unemployment insurance
23administration; federal moneys.
All federal moneys received, as authorized by the
24governor under s. 16.54, for the administration of employment assistance and
25unemployment insurance programs of the department, for the performance of the

1department's other functions under subch. I of ch. 106 and ch. 108, and to pay the
2compensation and expenses of appeal tribunals and of employment councils
3appointed under s. 108.14, to be used for such purposes, except as provided in s.
4108.161 (3e), and, from the moneys received by this state under section 903 42 USC
51103
(d) of the federal Social Security Act, as amended, to transfer to the
6appropriation account under par. (nb) an amount determined by the treasurer of the
7unemployment reserve fund not exceeding the lesser of the amount specified in s.
8108.161 (4) (d) or the amounts in the schedule under par. (nb), to transfer to the
9appropriation account under par. (nd) an amount determined by the treasurer of the
10unemployment reserve fund not exceeding the lesser of the amount specified in s.
11108.161 (4) (d) or the amounts in the schedule under par. (nd), to transfer to the
12appropriation account under par. (ne) an amount not exceeding the lesser of the
13amount specified in s. 108.161 (4) (d) or the sum of the amounts in the schedule under
14par. (ne) and the amount determined by the treasurer of the unemployment reserve
15fund that is required to pay for the cost of banking services incurred by the
16unemployment reserve fund, and to transfer to the appropriation account under s.
1720.427 (1) (k) an amount determined by the treasurer of the unemployment reserve
18fund.
SB899,8 19Section 8 . 20.445 (1) (nb) of the statutes is amended to read:
SB899,6,320 20.445 (1) (nb) Unemployment administration; information technology
21systems.
From the moneys received from the federal government under section 903
2242 USC 1103 (d) of the federal Social Security Act, as amended, as a continuing
23appropriation, the amounts in the schedule, as authorized by the governor under s.
2416.54, for the purpose specified in s. 108.19 (1e) (d). All moneys transferred from par.
25(n) for this purpose shall be credited to this appropriation account. No moneys may

1be expended from this appropriation unless the treasurer of the unemployment
2reserve fund determines that such expenditure is currently needed for the purpose
3specified in s. 108.19 (1e) (d).
SB899,9 4Section 9 . 20.445 (1) (nd) of the statutes is amended to read:
SB899,6,165 20.445 (1) (nd) Unemployment administration; apprenticeship and other
6employment services.
From the moneys received from the federal government under
7section 903 42 USC 1103 (d) of the federal Social Security Act, as amended, the
8amounts in the schedule, as authorized by the governor under s. 16.54, to be used for
9administration by the department of apprenticeship programs under subch. I of ch.
10106 and for administration and service delivery of employment and workforce
11information services, including the delivery of reemployment assistance services to
12unemployment insurance claimants. All moneys transferred from par. (n) for this
13purpose shall be credited to this appropriation account. No moneys may be expended
14from this appropriation unless the treasurer of the unemployment reserve fund
15determines that such expenditure is currently needed for the purposes specified in
16this paragraph.
SB899,10 17Section 10 . 20.445 (1) (ne) of the statutes is amended to read:
SB899,7,218 20.445 (1) (ne) Unemployment insurance administration and bank service
19costs.
From the moneys received by this state under section 903 of the federal Social
20Security Act, as amended
42 USC 1103, all moneys transferred from the
21appropriation account under par. (n) to be used for the administration of
22unemployment insurance and for the payment of the cost of banking services
23incurred by the unemployment reserve fund. No moneys may be expended from this
24appropriation unless the treasurer of the unemployment reserve fund determines

1that such expenditure is currently needed for the purpose specified in this
2paragraph.
SB899,11 3Section 11 . 20.445 (1) (u) of the statutes is amended to read:
SB899,7,74 20.445 (1) (u) Unemployment interest payments and transfers. From the
5unemployment interest payment fund, all moneys received from assessments under
6s. 108.19 (1m) (a) for the purpose of making the payments and transfers authorized
7under s. 108.19 (1m) (f).
SB899,12 8Section 12 . 20.445 (1) (v) of the statutes is amended to read:
SB899,7,129 20.445 (1) (v) Unemployment program integrity. From the unemployment
10program integrity fund, all moneys received from sources identified under s. 108.19
11(1s)
108.20 (2) (a) for the purpose of making the payments authorized under s. 108.19
12(1s)
108.20 (2) (b).
SB899,13 13Section 13 . 25.17 (1) (xe) of the statutes is amended to read:
SB899,7,1414 25.17 (1) (xe) Unemployment interest payment fund (s. 108.19 (1q) 108.20 (3));
SB899,14 15Section 14 . 25.17 (1) (xf) of the statutes is amended to read:
SB899,7,1616 25.17 (1) (xf) Unemployment program integrity fund (s. 108.19 (1s) 108.20 (2));
SB899,15 17Section 15 . 103.05 (5) (d) of the statutes is amended to read:
SB899,7,1918 103.05 (5) (d) The department shall deposit all moneys received under this
19subsection in the appropriation account under s. 20.445 (1) (gd) (wd).
SB899,16 20Section 16 . 108.02 (1) of the statutes is repealed.
SB899,17 21Section 17 . 108.04 (11) (f) of the statutes is amended to read:
SB899,7,2422 108.04 (11) (f) All amounts forfeited under par. (c) and all collections from
23administrative assessments under par. (cm) shall be credited to the administrative
24account
appropriation under s. 20.445 (1) (wd).
SB899,18 25Section 18 . 108.07 (5) (am) (intro.) of the statutes is amended to read:
SB899,8,7
1108.07 (5) (am) (intro.) Except as provided in sub. (7), whenever benefits
2which that would otherwise be chargeable to the fund's balancing account are paid
3based on wages paid by an employer that is not subject to the contribution
4requirements of ss. 108.17 and 108.18, and the benefits are so chargeable under
5sub. (3) or s. 108.04 (1) (f)
or, (5), or (5g) or 108.14 (8n) (e), or under s. 108.16 (6m)
6(e) for benefits specified in s. 108.16 (3) (b), the department shall charge the
7benefits as follows:
SB899,19 8Section 19 . 108.07 (5) (am) 1. of the statutes is amended to read:
SB899,8,129 108.07 (5) (am) 1. If no employer from which the claimant has base period
10wages is subject to the contribution requirements of ss. 108.17 and 108.18, the
11benefits shall be charged to the administrative account and paid from the
12appropriation under s. 20.445 (1) (gd) (wd).
SB899,20 13Section 20 . 108.07 (5) (am) 3. of the statutes is amended to read:
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