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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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