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January 8, 2020 - Introduced by Committee on Labor and Regulatory Reform, by
request of Department of Workforce Development. Referred to Committee on
Labor and Regulatory Reform.
SB672,2,11 1An Act to repeal 20.445 (1) (gg), 20.445 (1) (gm), 108.02 (1), 108.02 (26) (c) 9.,
2108.02 (26) (c) 14., 108.14 (7) (c), 108.14 (23) (d) and 108.19 (3); to renumber
3108.04 (7) (h); to renumber and amend 20.445 (1) (gc), 20.445 (1) (gd), 20.445
4(1) (gh), 108.14 (12) (e), 108.14 (18), 108.19 (1), 108.19 (1m), 108.19 (1n), 108.19
5(1p), 108.19 (1q), 108.19 (1s), 108.19 (2), 108.19 (2m) and 108.19 (4); to
6consolidate, renumber and amend
108.14 (12) (a) to (d), 108.161 (1) and
7(1m) and 108.161 (5) and (6); to amend 20.445 (1) (n), 20.445 (1) (nb), 20.445
8(1) (nd), 20.445 (1) (ne), 20.445 (1) (u), 20.445 (1) (v), 25.17 (1) (xe), 25.17 (1) (xf),
9103.05 (5) (d), 108.02 (2) (c), 108.02 (13) (c) 2. a., 108.02 (14), 108.02 (15) (j) 5.,
10108.02 (15) (k) 5., 108.02 (17m), 108.02 (19), 108.04 (11) (f), 108.04 (12) (b),
11108.04 (16) (d) 1., 108.04 (18) (a), 108.04 (18) (b), 108.07 (5) (intro.), 108.07 (5)
12(a), 108.07 (5) (c), 108.07 (6), 108.07 (7), 108.09 (5) (b), 108.10 (intro.), 108.13 (4)
13(a) 2., 108.14 (2m), 108.14 (3m), 108.14 (8n) (a), 108.14 (8n) (e), 108.14 (16),
14108.14 (26), 108.141 (1) (h), 108.141 (3g) (a) 3. b., 108.141 (7) (a), 108.141 (7) (b),

1108.145, 108.15 (3) (d), 108.151 (2) (d), 108.152 (1) (d), 108.155 (2) (a) and (d),
2108.16 (5) (c), 108.16 (6) (k), 108.16 (6) (m), 108.16 (6m) (a), 108.16 (6x), 108.16
3(8) (f), 108.16 (9) (a), 108.161 (title), 108.161 (2), 108.161 (3), 108.161 (3e),
4108.161 (4), 108.161 (7), 108.161 (8), 108.161 (9), 108.162 (7), 108.17 (2m),
5108.17 (3), 108.17 (3m), 108.18 (3) (c), 108.18 (7) (a) 1., 108.18 (7) (h), 108.19 (1e)
6(a), 108.19 (1e) (d), 108.19 (1f) (a), 108.19 (1f) (c), 108.22 (1) (am), 108.22 (1m),
7108.22 (8e), 108.223 (2) (b), 108.23, 108.24 (3) (a) 3. a. and 108.24 (3) (a) 4.; to
8repeal and recreate
108.19 (title) and 108.20; and to create 20.427 (1) (g),
9108.19 (1) (d), 108.19 (1e) (cm) and 108.19 (1m) (e) of the statutes; relating to:
10various changes to the unemployment insurance law and making an
11appropriation.
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
This 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.
Charging of certain benefits
Under current law, whenever UI benefits are chargeable based on federal
employment, DWD is to charge those benefits to the federal government. The bill
allows DWD to instead pay those benefits from interest and penalty moneys
appropriated to DWD in the case where the federal government refuses to reimburse
the benefits.
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. Changing certain out-of-date cross-references to federal law to reflect
current federal law and the current numbering under the U.S. Code.
4. Repealing certain provisions that reference federal laws that have been
repealed and deleting other obsolete references to state laws.
5. Correcting various cross-references that are otherwise incomplete or
erroneous.
6. 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.
7. Making other nonsubstantive changes to the unemployment insurance law
to improve organization, modernize language, and provide further clarity, specificity,
and consistency in the law.
For further information see the state 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:
SB672,1 1Section 1 . 20.427 (1) (g) of the statutes is created to read:
SB672,3,52 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.
SB672,2 6Section 2 . 20.445 (1) (gc) of the statutes is renumbered 20.445 (1) (wc) and
7amended to read:
SB672,3,108 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.
SB672,3
1Section 3 . 20.445 (1) (gd) of the statutes is renumbered 20.445 (1) (wd) and
2amended to read:
SB672,4,253 20.445 (1) (wd) Unemployment interest and penalty payments. All From the
4unemployment administration fund, all
moneys received as interest and penalties
5collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22 except interest and
6penalties deposited under s. 108.19 (1q), and forfeitures under s. 103.05 (5), all
7moneys not appropriated under par. (gg) and
108.20 (3), all moneys received as
8forfeitures under s. 103.05 (5), all moneys received under s. 108.09 (5) (c), all moneys
9received under s. 108.14 (16), all moneys received under s. 108.18 (1) (c),
all moneys
10transferred to this appropriation account from the appropriation account under par.
11(gh) (wh), and all other nonfederal moneys received for the employment service or
12for the administration of ch. 108 that are not otherwise appropriated under this
13subsection,
for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin
14Act 38, section 132 (1) (c)
and (7), for the payment of interest to employers under s.
15108.17 (3m), for research relating to the condition of the unemployment reserve fund
16under s. 108.14 (6), for administration of the unemployment insurance program and
17federal or state unemployment insurance programs authorized by the governor
18under s. 16.54, for satisfaction of any federal audit exception concerning a payment
19from the unemployment reserve fund or any federal aid disallowance concerning the
20unemployment insurance program, for assistance to the department of justice in the
21enforcement of ch. 108, for the payment of interest due on advances from the federal
22unemployment account under title XII of the social security act 42 USC 1321 to 1324
23to the unemployment reserve fund, and for payments made to the unemployment
24reserve fund to obtain a lower interest rate or deferral of interest payments on these
25advances, except as otherwise provided in s. 108.20.
SB672,4
1Section 4. 20.445 (1) (gg) of the statutes is repealed.
SB672,5 2Section 5 . 20.445 (1) (gh) of the statutes is renumbered 20.445 (1) (wh) and
3amended to read:
SB672,5,94 20.445 (1) (wh) Unemployment information technology systems; assessments.
5All From the unemployment administration fund, all moneys received from
6assessments levied under s. 108.19 (1e) (a) and 1997 Wisconsin Act 39, section 164
7(2)
, for the purpose specified in s. 108.19 (1e) (d). The treasurer of the unemployment
8reserve fund may transfer moneys from this appropriation account to the
9appropriation account under par. (gd) (wd).
SB672,6 10Section 6 . 20.445 (1) (gm) of the statutes is repealed.
SB672,7 11Section 7 . 20.445 (1) (n) of the statutes is amended to read:
SB672,6,812 20.445 (1) (n) Employment assistance and unemployment insurance
13administration; federal moneys.
All federal moneys received, as authorized by the
14governor under s. 16.54, for the administration of employment assistance and
15unemployment insurance programs of the department, for the performance of the
16department's other functions under subch. I of ch. 106 and ch. 108, and to pay the
17compensation and expenses of appeal tribunals and of employment councils
18appointed under s. 108.14, to be used for such purposes, except as provided in s.
19108.161 (3e), and, from the moneys received by this state under section 903 42 USC
201103
(d) of the federal Social Security Act, as amended, to transfer to the
21appropriation account under par. (nb) an amount determined by the treasurer of the
22unemployment reserve fund not exceeding the lesser of the amount specified in s.
23108.161 (4) (d) or the amounts in the schedule under par. (nb), to transfer to the
24appropriation account under par. (nd) an amount determined by the treasurer of the
25unemployment reserve fund not exceeding the lesser of the amount specified in s.

1108.161 (4) (d) or the amounts in the schedule under par. (nd), to transfer to the
2appropriation account under par. (ne) an amount not exceeding the lesser of the
3amount specified in s. 108.161 (4) (d) or the sum of the amounts in the schedule under
4par. (ne) and the amount determined by the treasurer of the unemployment reserve
5fund that is required to pay for the cost of banking services incurred by the
6unemployment reserve fund, and to transfer to the appropriation account under s.
720.427 (1) (k) an amount determined by the treasurer of the unemployment reserve
8fund.
SB672,8 9Section 8 . 20.445 (1) (nb) of the statutes is amended to read:
SB672,6,1810 20.445 (1) (nb) Unemployment administration; information technology
11systems.
From the moneys received from the federal government under section 903
1242 USC 1103 (d) of the federal Social Security Act, as amended, as a continuing
13appropriation, the amounts in the schedule, as authorized by the governor under s.
1416.54, for the purpose specified in s. 108.19 (1e) (d). All moneys transferred from par.
15(n) for this purpose shall be credited to this appropriation account. No moneys may
16be expended from this appropriation unless the treasurer of the unemployment
17reserve fund determines that such expenditure is currently needed for the purpose
18specified in s. 108.19 (1e) (d).
SB672,9 19Section 9 . 20.445 (1) (nd) of the statutes is amended to read:
SB672,7,620 20.445 (1) (nd) Unemployment administration; apprenticeship and other
21employment services.
From the moneys received from the federal government under
22section 903 42 USC 1103 (d) of the federal Social Security Act, as amended, the
23amounts in the schedule, as authorized by the governor under s. 16.54, to be used for
24administration by the department of apprenticeship programs under subch. I of ch.
25106 and for administration and service delivery of employment and workforce

1information services, including the delivery of reemployment assistance services to
2unemployment insurance claimants. All moneys transferred from par. (n) for this
3purpose shall be credited to this appropriation account. No moneys may be expended
4from this appropriation unless the treasurer of the unemployment reserve fund
5determines that such expenditure is currently needed for the purposes specified in
6this paragraph.
SB672,10 7Section 10 . 20.445 (1) (ne) of the statutes is amended to read:
SB672,7,168 20.445 (1) (ne) Unemployment insurance administration and bank service
9costs.
From the moneys received by this state under section 903 of the federal Social
10Security Act, as amended
42 USC 1103, all moneys transferred from the
11appropriation account under par. (n) to be used for the administration of
12unemployment insurance and for the payment of the cost of banking services
13incurred by the unemployment reserve fund. No moneys may be expended from this
14appropriation unless the treasurer of the unemployment reserve fund determines
15that such expenditure is currently needed for the purpose specified in this
16paragraph.
SB672,11 17Section 11 . 20.445 (1) (u) of the statutes is amended to read:
SB672,7,2118 20.445 (1) (u) Unemployment interest payments and transfers. From the
19unemployment interest payment fund, all moneys received from assessments under
20s. 108.19 (1m) (a) for the purpose of making the payments and transfers authorized
21under s. 108.19 (1m) (f).
SB672,12 22Section 12 . 20.445 (1) (v) of the statutes is amended to read:
SB672,8,223 20.445 (1) (v) Unemployment program integrity. From the unemployment
24program integrity fund, all moneys received from sources identified under s. 108.19

1(1s)
108.20 (2) (a) for the purpose of making the payments authorized under s. 108.19
2(1s)
108.20 (2) (b).
SB672,13 3Section 13 . 25.17 (1) (xe) of the statutes is amended to read:
SB672,8,44 25.17 (1) (xe) Unemployment interest payment fund (s. 108.19 (1q) 108.20 (3));
SB672,14 5Section 14 . 25.17 (1) (xf) of the statutes is amended to read:
SB672,8,66 25.17 (1) (xf) Unemployment program integrity fund (s. 108.19 (1s) 108.20 (2));
SB672,15 7Section 15 . 103.05 (5) (d) of the statutes is amended to read:
SB672,8,98 103.05 (5) (d) The department shall deposit all moneys received under this
9subsection in the appropriation account under s. 20.445 (1) (gd) (wd).
SB672,16 10Section 16 . 108.02 (1) of the statutes is repealed.
SB672,17 11Section 17 . 108.02 (2) (c) of the statutes is amended to read:
SB672,8,1712 108.02 (2) (c) In connection with the production or harvesting of any commodity
13defined as an agricultural commodity
in s. 15 (g) of the federal agricultural marketing
14act, as amended (46 Stat. 1550, s. 3;
under 12 USC 1141j) or (f), in connection with the
15ginning of cotton, or in connection with the operation or maintenance of ditches, canals,
16reservoirs, or waterways, not owned or operated for profit, used exclusively for
17supplying and storing water for farming purposes.
SB672,18 18Section 18 . 108.02 (13) (c) 2. a. of the statutes is amended to read:
SB672,8,2319 108.02 (13) (c) 2. a. Such crew leader holds a valid certificate of registration
20under the federal farm labor contractor registration act of 1963 29 USC 1801 to 1872;
21or substantially all the members of such crew operate or maintain tractors,
22mechanized harvesting or cropdusting equipment, or any other mechanized
23equipment which is provided by such crew leader; and
SB672,19 24Section 19 . 108.02 (14) of the statutes is amended to read:
SB672,9,4
1108.02 (14) Employer's account. “ Employer's account" means a an employer's
2separate account in the fund, reflecting the employer's experience with respect to
3contribution credits and benefit charges under this chapter
maintained as required
4under s. 108.16 (2) (a)
.
SB672,20 5Section 20 . 108.02 (15) (j) 5. of the statutes is amended to read:
SB672,9,106 108.02 (15) (j) 5. In any quarter in the employ of any organization exempt from
7federal income tax under section 26 USC 501 (a) of the internal revenue code, other
8than an organization described in section 26 USC 401 (a) or 501 (c) (3) of such code,
9or under section 26 USC 521 of the internal revenue code, if the remuneration for
10such service is less than $50;
SB672,21 11Section 21 . 108.02 (15) (k) 5. of the statutes is amended to read:
SB672,9,1412 108.02 (15) (k) 5. With respect to which unemployment insurance is payable
13under the federal railroad unemployment insurance act (52 Stat. 1094) 45 USC 351
14to 369
;
SB672,22 15Section 22 . 108.02 (17m) of the statutes is amended to read:
SB672,9,1816 108.02 (17m) Indian tribe. “Indian tribe" has the meaning given in 25 USC
17450b 5304 (e), and includes any subdivision, subsidiary, or business enterprise that
18is wholly owned by such an entity.
SB672,23 19Section 23 . 108.02 (19) of the statutes is amended to read:
SB672,9,2320 108.02 (19) Nonprofit organizations. “ Nonprofit organization" means an
21organization described in section 26 USC 501 (c) (3) of the Internal Revenue Code
22that is exempt from federal income tax under section 26 USC 501 (a) of the Internal
23Revenue Code
.
SB672,24 24Section 24 . 108.02 (26) (c) 9. of the statutes is repealed.
SB672,25 25Section 25 . 108.02 (26) (c) 14. of the statutes is repealed.
SB672,26
1Section 26 . 108.04 (7) (h) of the statutes is renumbered 108.04 (7) (u).
SB672,27 2Section 27 . 108.04 (11) (f) of the statutes is amended to read:
SB672,10,53 108.04 (11) (f) All amounts forfeited under par. (c) and all collections from
4administrative assessments under par. (cm) shall be credited to the administrative
5account
appropriation under s. 20.445 (1) (wd).
SB672,28 6Section 28 . 108.04 (12) (b) of the statutes is amended to read:
SB672,10,107 108.04 (12) (b) Any individual who receives, through the department, any other
8type of unemployment benefit or allowance for a given week is ineligible for benefits
9for that same week under this chapter, except as specifically required for conformity
10with the federal trade act of 1974 (P.L. 93-618) 19 USC 2101 to 2497b.
SB672,29 11Section 29 . 108.04 (16) (d) 1. of the statutes is amended to read:
SB672,10,1812 108.04 (16) (d) 1. The department shall not deny benefits under sub. (7) as a
13result of the individual's leaving unsuitable work to enter or continue such training,
14as a result of the individual's leaving work that the individual engaged in on a
15temporary basis during a break in the training or a delay in the commencement of
16the training, or because the individual left on-the-job training not later than 30 days
17after commencing that training because the individual did not meet the
18requirements of the federal trade act under 19 USC 2296 (c) (1) (B); and
SB672,30 19Section 30 . 108.04 (18) (a) of the statutes is amended to read:
SB672,11,620 108.04 (18) (a) The wages paid to an employee who performed services while
21the employee was an alien shall, if based on such services, be excluded from the
22employee's base period wages for purposes of sub. (4) (a) and ss. 108.05 (1) and 108.06
23(1) unless the employee is an alien who was lawfully admitted for permanent
24residence at the time such services were performed, was lawfully present for the
25purpose of performing such services, or was permanently residing in the United

1States under color of law at the time such services were performed, including an alien
2who was lawfully present in the United States as a result of the application of the
3provisions of section 212 (d) (5) of the federal immigration and nationality act (8 USC
41182
(d) (5)). All claimants shall be uniformly required to provide information as to
5whether they are citizens and, if they are not, any determination denying benefits
6under this subsection shall not be made except upon a preponderance of the evidence.
SB672,31 7Section 31 . 108.04 (18) (b) of the statutes is amended to read:
SB672,11,138 108.04 (18) (b) Any amendment of s. 26 USC 3304 (a) (14) of the federal
9unemployment tax act
specifying conditions other than as stated in par. (a) for denial
10of benefits based on services performed by aliens, or changing the effective date for
11required implementation of par. (a) or such other conditions, which that is a condition
12of approval of this chapter for full tax credit against the tax imposed by the federal
13unemployment tax act, shall be applicable to this subsection.
SB672,32 14Section 32 . 108.07 (5) (intro.) of the statutes is amended to read:
SB672,11,2015 108.07 (5) (intro.) Except as provided in sub. (7), whenever benefits which
16that would otherwise be chargeable to the fund's balancing account are paid based
17on wages paid by an employer that is not subject to the contribution requirements
18of ss. 108.17 and 108.18, and the benefits are so chargeable under sub. (3) or s.
19108.04 (1) (f)
or, (5), or (5g) or 108.14 (8n) (e), or under s. 108.16 (6m) (e) for benefits
20specified in s. 108.16 (3) (b), the department shall charge the benefits as follows:
SB672,33 21Section 33 . 108.07 (5) (a) of the statutes is amended to read:
SB672,11,2522 108.07 (5) (a) If no employer from which the claimant has base period wages
23is subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall
24be charged to the administrative account and paid from the appropriation under s.
2520.445 (1) (gd) (wd).
SB672,34
1Section 34 . 108.07 (5) (c) of the statutes is amended to read:
SB672,12,92 108.07 (5) (c) If 2 or more employers from which the claimant has base period
3wages are not subject to the contribution requirements of ss. 108.17 and 108.18, and
4one or more employers from which the claimant has base period wages are subject
5to the contribution requirements of ss. 108.17 and 108.18, that percentage of the
6employee's benefits which would otherwise be chargeable to the fund's balancing
7account under sub. (3) or s. 108.04 (1) (f) or, (5), or (5g), or under s. 108.16 (6m) (e)
8for benefits specified in s. 108.16 (3) (b), shall be charged to the administrative
9account and
paid from the appropriation under s. 20.445 (1) (gd) (wd).
SB672,35 10Section 35 . 108.07 (6) of the statutes is amended to read:
SB672,12,1511 108.07 (6) The department may initially charge benefits otherwise chargeable
12to the administrative account
payable from the appropriation under s. 20.445 (1)
13(wd) as provided
under this section to the fund's balancing account, and periodically
14reimburse the charges to the balancing account from the administrative account
15appropriation under s. 20.445 (1) (wd).
SB672,36 16Section 36 . 108.07 (7) of the statutes is amended to read:
SB672,12,2117 108.07 (7) Whenever benefits are chargeable under sub. (1) or (2) based on
18federal employment, the department shall charge the benefits to the federal
19government, except that, if the federal government refuses to reimburse the benefits
20to the department, the department shall charge the benefits to the administrative
21account and pay them from the appropriation under s. 20.445 (1) (wd)
.
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