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AB910,8,2019 108.02 (10e) (c) “Departmental error” does not include an error made by an
20appeal tribunal appointed under s. 108.09 (3).
AB910,12 21Section 12 . 108.02 (13) (c) 2. a. of the statutes is amended to read:
AB910,9,222 108.02 (13) (c) 2. a. Such crew leader holds a valid certificate of registration
23under the federal farm labor contractor registration act of 1963 29 USC 1801 to 1872;
24or substantially all the members of such crew operate or maintain tractors,

1mechanized harvesting or cropdusting equipment, or any other mechanized
2equipment which is provided by such crew leader; and
AB910,13 3Section 13 . 108.02 (13) (k) of the statutes is amended to read:
AB910,9,104 108.02 (13) (k) “Employer" Except as provided in s. 108.065 (3m), “employer”
5does not include a county department, an aging unit, or, under s. 46.2785, a private
6agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve
7as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual
8performing services for a person receiving long-term support services under s.
946.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or
10personal assistance services under s. 47.02 (6) (c).
AB910,14 11Section 14 . 108.02 (14) of the statutes is amended to read:
AB910,9,1512 108.02 (14) Employer's account. “Employer's account" means a an employer's
13separate account in the fund, reflecting the employer's experience with respect to
14contribution credits and benefit charges under this chapter
maintained as required
15under s. 108.16 (2) (a)
.
AB910,15 16Section 15 . 108.02 (15) (j) 5. of the statutes is amended to read:
AB910,9,2117 108.02 (15) (j) 5. In any quarter in the employ of any organization exempt from
18federal income tax under section 26 USC 501 (a) of the internal revenue code, other
19than an organization described in section 26 USC 401 (a) or 501 (c) (3) of such code,
20or under section 26 USC 521 of the internal revenue code, if the remuneration for
21such service is less than $50;
AB910,16 22Section 16 . 108.02 (15) (k) 5. of the statutes is amended to read:
AB910,9,2523 108.02 (15) (k) 5. With respect to which unemployment insurance is payable
24under the federal railroad unemployment insurance act (52 Stat. 1094) 45 USC 351
25to 369
;
AB910,17
1Section 17. 108.02 (15) (k) 21. of the statutes is created to read:
AB910,10,42 108.02 (15) (k) 21. Performed by a full-time student, as defined in 26 USC 3306
3(q), for less than 13 calendar weeks in a calendar year in the employ of an organized
4camp, if one of the following applies:
AB910,10,65 a. The camp does not operate for more than 7 months in the calendar year and
6did not operate for more than 7 months in the preceding calendar year.
AB910,10,97 b. The camp had average gross receipts for any 6 months in the preceding
8calendar year that were not more than 33 1/3 percent of its average gross receipts for
9the other 6 months in the preceding calendar year.
AB910,18 10Section 18 . 108.02 (17m) of the statutes is amended to read:
AB910,10,1311 108.02 (17m) Indian tribe. “Indian tribe" has the meaning given in 25 USC
12450b 5304 (e), and includes any subdivision, subsidiary, or business enterprise that
13is wholly owned by such an entity.
AB910,19 14Section 19 . 108.02 (19) of the statutes is amended to read:
AB910,10,1815 108.02 (19) Nonprofit organizations. “ Nonprofit organization" means an
16organization described in section 26 USC 501 (c) (3) of the Internal Revenue Code
17that is exempt from federal income tax under section 26 USC 501 (a) of the Internal
18Revenue Code
.
AB910,20 19Section 20 . 108.02 (26) (c) 9. of the statutes is repealed.
AB910,21 20Section 21 . 108.02 (26) (c) 14. of the statutes is repealed.
AB910,22 21Section 22 . 108.04 (7) (h) of the statutes is renumbered 108.04 (7) (u).
AB910,23 22Section 23 . 108.04 (12) (b) of the statutes is amended to read:
AB910,11,223 108.04 (12) (b) Any individual who receives, through the department, any other
24type of unemployment benefit or allowance for a given week is ineligible for benefits

1for that same week under this chapter, except as specifically required for conformity
2with the federal trade act of 1974 (P.L. 93-618) 19 USC 2101 to 2497b.
AB910,24 3Section 24 . 108.04 (16) (d) 1. of the statutes is amended to read:
AB910,11,104 108.04 (16) (d) 1. The department shall not deny benefits under sub. (7) as a
5result of the individual's leaving unsuitable work to enter or continue such training,
6as a result of the individual's leaving work that the individual engaged in on a
7temporary basis during a break in the training or a delay in the commencement of
8the training, or because the individual left on-the-job training not later than 30 days
9after commencing that training because the individual did not meet the
10requirements of the federal trade act under 19 USC 2296 (c) (1) (B); and
AB910,25 11Section 25 . 108.04 (18) (a) of the statutes is amended to read:
AB910,11,2312 108.04 (18) (a) The wages paid to an employee who performed services while
13the employee was an alien shall, if based on such services, be excluded from the
14employee's base period wages for purposes of sub. (4) (a) and ss. 108.05 (1) and 108.06
15(1) unless the employee is an alien who was lawfully admitted for permanent
16residence at the time such services were performed, was lawfully present for the
17purpose of performing such services, or was permanently residing in the United
18States under color of law at the time such services were performed, including an alien
19who was lawfully present in the United States as a result of the application of the
20provisions of section 212 (d) (5) of the federal immigration and nationality act (8 USC
211182
(d) (5)). All claimants shall be uniformly required to provide information as to
22whether they are citizens and, if they are not, any determination denying benefits
23under this subsection shall not be made except upon a preponderance of the evidence.
AB910,26 24Section 26 . 108.04 (18) (b) of the statutes is amended to read:
AB910,12,6
1108.04 (18) (b) Any amendment of s. 26 USC 3304 (a) (14) of the federal
2unemployment tax act
specifying conditions other than as stated in par. (a) for denial
3of benefits based on services performed by aliens, or changing the effective date for
4required implementation of par. (a) or such other conditions, which that is a condition
5of approval of this chapter for full tax credit against the tax imposed by the federal
6unemployment tax act, shall be applicable to this subsection.
AB910,27 7Section 27 . 108.062 (1) (c) of the statutes is repealed.
AB910,28 8Section 28 . 108.062 (2) (a) of the statutes is amended to read:
AB910,12,119 108.062 (2) (a) Specify the work unit in which the plan will be implemented,
10the
affected positions, and the names of the employees filling those positions on the
11date of submittal.
AB910,29 12Section 29 . 108.062 (2) (b) of the statutes is repealed.
AB910,30 13Section 30 . 108.062 (2) (c) of the statutes is amended to read:
AB910,12,1514 108.062 (2) (c) Provide for initial coverage under the plan of at least 20 2
15positions that are filled on the effective date of the work-share program.
AB910,31 16Section 31 . 108.062 (2) (d) of the statutes is amended to read:
AB910,12,1917 108.062 (2) (d) Specify the period or periods when the plan will be in effect,
18which may not exceed a total of 6 12 months in any 5-year period within the same
19work unit
.
AB910,32 20Section 32 . 108.062 (2) (e) of the statutes is repealed.
AB910,33 21Section 33 . 108.062 (2) (h) of the statutes is amended to read:
AB910,13,222 108.062 (2) (h) Specify the normal average hours per week worked by each
23employee in the work unit and the percentage reduction in the average hours of work
24per week worked by that employee, exclusive of overtime hours, which shall be

1applied in a uniform manner and which shall be at least 10 percent but not more than
250 60 percent of the normal hours per week of that employee.
AB910,34 3Section 34 . 108.062 (2) (m) of the statutes is amended to read:
AB910,13,94 108.062 (2) (m) Indicate whether the plan includes employer-sponsored
5training to enhance job skills and acknowledge that the employees in the work unit
6work-share program may participate in training funded under the federal
7Workforce Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal
8law that enhances job skills without affecting availability for work, subject to
9department approval.
AB910,35 10Section 35 . 108.062 (3) of the statutes is amended to read:
AB910,13,1411 108.062 (3) Approval of plans. The department shall approve a plan if the plan
12includes all of the elements specified in sub. (2) or (20), whichever is applicable. The
13approval is effective for the effective period of the plan unless modified under sub.
14(3m).
AB910,36 15Section 36 . 108.062 (3r) of the statutes is amended to read:
AB910,13,2116 108.062 (3r) Applicability of laws. A work-share program shall be governed
17by the law that was in effect when the plan or modification was last approved under
18sub. (3) or (3m), until the program ends as provided in sub. (4), but an employer with
19a work-share program governed by sub. (2)
may, while sub. (20) is in effect, apply for
20a modification under sub. (3m), and that modification application shall be governed
21by sub. (20) the law in effect when the modification is approved.
AB910,37 22Section 37 . 108.062 (4) (a) 1. of the statutes is renumbered 108.062 (4) (a) and
23amended to read:
AB910,14,224 108.062 (4) (a) Except as provided in subd. 2., a A work-share program
25becomes effective on the later of the Sunday of the 2nd week beginning or after

1approval of a work-share plan under sub. (3) or any Sunday after that day specified
2in the plan.
AB910,38 3Section 38 . 108.062 (4) (a) 2. of the statutes is repealed.
AB910,39 4Section 39 . 108.062 (4) (b) of the statutes is amended to read:
AB910,14,85 108.062 (4) (b) A work-share program ends on the earlier of the last Sunday
6that precedes the end of the 6-month 12-month period beginning on the effective
7date of the program or any Sunday before that day specified in the plan unless the
8program terminates on an earlier date under sub. (5), (14), or (15).
AB910,40 9Section 40 . 108.062 (6) (b) of the statutes is amended to read:
AB910,14,1510 108.062 (6) (b) No employee who is included in a work unit under a work-share
11program
is eligible to receive any benefits for a week in which the plan is in effect in
12which the employee is engaged in work for the employer that sponsors the plan which
13that, when combined with work performed by the employee for any other employer
14for the same week, exceed exceeds 90 percent of the employee's average hours of work
15per week for the employer that creates the plan, as identified in the plan.
AB910,41 16Section 41 . 108.062 (15) of the statutes is amended to read:
AB910,14,2017 108.062 (15) Involuntary termination. If in any week there are fewer than 20
182 employees who are included in a work-share program of any employer, the program
19terminates on the 2nd Sunday following the end of that week. This subsection does
20not apply to a work-share program to which sub. (20) applies.
AB910,42 21Section 42 . 108.062 (19) (intro.) of the statutes is renumbered 108.062 (19) and
22amended to read:
AB910,15,523 108.062 (19) Secretary may waive compliance. The secretary may do any of the
24following
waive compliance with any requirement under this section if the secretary
25determines that doing so is necessary to permit continued certification of this

1chapter for grants to this state under Title III of the federal Social Security Act, for
2maximum credit allowances to employers under the federal Unemployment Tax Act,
3or for this state to qualify for full federal financial participation in the cost of
4administration of this section and financing of benefits to employees participating
5in work-share programs under this section:,
AB910,43 6Section 43 . 108.062 (19) (a) of the statutes is repealed.
AB910,44 7Section 44 . 108.062 (19) (b) of the statutes is repealed.
AB910,45 8Section 45 . 108.062 (20) of the statutes, as affected by 2021 Wisconsin Act 4,
9is repealed.
AB910,46 10Section 46 . 108.065 (1e) (intro.) of the statutes is amended to read:
AB910,15,1411 108.065 (1e) (intro.) Except as provided in subs. (2) and (3) to (3m), if there is
12more than one employing unit that has a relationship to an employee, the
13department shall determine which of the employing units is the employer of the
14employee by doing the following:
AB910,47 15Section 47 . 108.065 (3m) of the statutes is created to read:
AB910,15,2416 108.065 (3m) A private agency that serves as a fiscal agent or contracts with
17a fiscal intermediary to serve as a fiscal agent to recipients of services under ch. 46,
1847, or 51 may elect to be the employer of one or more employees providing those
19services. As a condition of eligibility for election to be the employer of one or more
20employees providing those services, the private agency shall notify in writing the
21recipient of any such services of its election, for purposes of the unemployment
22insurance law, to be the employer of any worker providing such services to the
23recipient, and must be treated as the employer under 26 USC 3301 to 3311 for
24purposes of federal unemployment taxes on the worker's services.
AB910,48 25Section 48 . 108.10 (intro.) of the statutes is amended to read:
AB910,16,5
1108.10 Settlement of issues other than benefit claims. (intro.) Except as
2provided in s. 108.245 (3), in connection with any issue arising under this chapter as
3to the status or liability of an employing unit in this state, for which no review is
4provided under s. 108.09, 108.095, or 108.227 (5) and whether or not a penalty is
5provided in s. 108.24, the following procedure shall apply:
AB910,49 6Section 49 . 108.101 (5) of the statutes is created to read:
AB910,16,127 108.101 (5) Notwithstanding sub. (4), a final order or judgment of conviction
8for a crime entered by a court is binding on the convicted person in an action or
9proceeding under this chapter that relates to the criminal conviction. A person
10convicted of a crime is precluded from denying the essential allegations of the
11criminal offense that is the basis for the conviction in an action or proceeding under
12this chapter.
AB910,50 13Section 50 . 108.13 (4) (a) 2. of the statutes is amended to read:
AB910,16,1514 108.13 (4) (a) 2. “Legal process" has the meaning given under 42 USC 662 (e)
15659 (i) (5).
AB910,51 16Section 51 . 108.14 (8n) (a) of the statutes is amended to read:
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.
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