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Please see http://docs.legis.wisconsin.gov for the production version.
The bill excludes from coverage under the UI law seasonal work performed by
a full-time student at an organized camp, other than an organized camp operated
by a governmental or nonprofit entity, that operates for not more than seven months
per calendar year, consistent with federal law. Under the bill, “full-time student”
includes a person who is currently enrolled in school full time or who was enrolled
in school full time during the previous academic year if there is a reasonable
assurance that the person will be so enrolled for the immediately succeeding
academic year. An individual who performs such services is not eligible to claim UI
benefits based on the performance of the services, and a person who employs an
individual to perform such services is not subject to a state UI contribution
requirement (a requirement to pay taxes) based on the performance of the services.
Work-share programs
Current law allows an employer to create a work-share program within a work
unit of the employer. Under a work-share program, the working hours of all of the
full-time employees in the program are reduced in an equitable manner in lieu of a
layoff of some of the employees and a continuation of full-time employment by the
other employees. A claimant for UI benefits who is included in a work-share program
may receive UI benefits during his or her continued employment with the
work-share employer in an amount equal to the claimant's benefit for total
unemployment reduced by the same percentage as the percentage reduction in the
claimant's normal working hours that the claimant incurs under the program.
Former law provided also for the temporary modification of certain requirements
that apply to work-share programs with respect to work-share programs submitted
on or after April 17, 2020, and before July 4, 2021.
The bill makes a number of the former-law modifications permanent. Among
other things, it eliminates a requirement that work-share programs be limited to
particular work units, reduces the minimum number of employees who must be
covered under a work-share program from 20 to two, and eliminates a requirement
that working hours be reduced equitably among employees. In addition, the bill
allows a work-share program to remain in effect for 12 months in any five-year
period instead of six months in any five-year period.
Collection of debt by Department of Revenue
Subject to certain exceptions, current law requires a state agency and the
Department of Revenue to enter into a written agreement to have DOR collect
certain amounts owed to the state agency. The bill provides that this requirement
does not apply to amounts owed to DWD under the UI law or other federal
unemployment programs administered by DWD.
Fiscal agent election of employer status
Generally, under current law, an individual who receives long-term support
services in his or her home through certain government-funded care programs is

considered to be an employer under the UI law of a person who provides those
services to the individual. Such individuals may use fiscal agents, whose
responsibilities include remitting any federal UI taxes or state UI contributions
owed by the individual as a result of that employment.
The bill allows a private agency that serves as a fiscal agent or contracts with
a fiscal intermediary to serve as a fiscal agent to such an individual receiving
long-term support services to elect to instead be the employer of one or more
employees providing those services, subject to certain requirements.
Other changes
The bill makes various changes to a) reorganize, clarify, and update provisions
relating in the UI law; and b) address numerous out-of-date or erroneous
cross-references in the UI law, including all of the following:
1. Changing certain out-of-date cross-references to federal law to reflect
current federal law and the current numbering under the U.S. Code.
2. Repealing certain provisions that reference federal laws that have been
repealed.
3. Correcting various cross-references that are otherwise incomplete or
erroneous.
4. 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.
5. 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:
AB910,1 1Section 1 . 16.48 (1) (a) (intro.) of the statutes is renumbered 16.48 (1) (intro.)
2and amended to read:
AB910,6,23 16.48 (1) (intro.) No later than April 15 May 31 of each odd-numbered
4even-numbered year, the secretary of workforce development shall prepare and
5furnish to the governor, the speaker of the assembly, the minority leader of the
6assembly, and the majority and minority leaders of the senate, and the council on
7unemployment insurance,
a statement of unemployment insurance financial

1outlook, which shall contain all of the following, together with the secretary's
2recommendations and an explanation for such recommendations:
AB910,2 3Section 2 . 16.48 (1) (a) 1., 2., 3., 4., 5. and 6. of the statutes are renumbered
416.48 (1) (am), (bm), (c), (d), (e) and (f), and 16.48 (1) (bm), (c) and (f), as renumbered,
5are amended to read:
AB910,6,76 16.48 (1) (bm) Specific proposed changes, if any, in the laws relating to
7unemployment insurance financing, benefits, and administration.
AB910,6,88 (c) Projections specified in subd. 1. par. (am) under the proposed laws.
AB910,6,109 (f) If unemployment insurance program debt is projected at the end of the
10forecast period, the reasons why it is not methods proposed to liquidate the debt.
AB910,3 11Section 3 . 16.48 (1) (b) of the statutes is repealed.
AB910,4 12Section 4 . 16.48 (2) of the statutes is repealed.
AB910,5 13Section 5 . 16.48 (3) of the statutes is amended to read:
AB910,6,2414 16.48 (3) No Biennially, no later than June 15 January 31 of each
15odd-numbered even-numbered year, the secretary of workforce development, under
16the direction of
shall submit to the governor, shall submit to each member of the
17legislature an updated speaker of the assembly, the minority leader of the assembly,
18the majority and minority leaders of the senate, and the council on unemployment
19insurance the
statement of unemployment insurance financial outlook which shall
20contain the information specified in
prepared under sub. (1) (a), together with the
21governor's recommendations and an explanation for such recommendations, and a
22copy of the
a report required that summarizes the deliberations of the council and
23the position of the council regarding any proposed change to the unemployment
24insurance laws submitted
under sub. (1) (b).
AB910,6 25Section 6 . 16.48 (4) of the statutes is created to read:
AB910,7,3
116.48 (4) The department shall post the most recent version of the statement
2prepared under sub. (1) and the most recent version of the report prepared under sub.
3(3) on the department's Internet site.
AB910,7 4Section 7 . 59.40 (4) of the statutes is amended to read:
AB910,7,145 59.40 (4) Clerk of circuit court; debt collector contract. If authorized by
6the board under s. 59.52 (28), the clerk of circuit court may contract with a debt
7collector, as defined in s. 427.103 (3), or enter into an agreement with the department
8of revenue under s. 71.93 (8) for the collection of debt. Any contract entered into with
9a debt collector shall provide that the debt collector shall be paid from the proceeds
10recovered by the debt collector. Any contract entered into with the department shall
11provide that the department shall charge a collection fee, as provided under s. 71.93
12(8) (b) 1 1m. The net proceeds received by the clerk of circuit court after the payment
13to the debt collector shall be considered the amount of debt collected for purposes of
14distribution to the state and county under sub. (2) (m).
AB910,8 15Section 8 . 71.93 (8) (b) 1. of the statutes is amended to read:
AB910,7,1916 71.93 (8) (b) 1. Except as provided in subd. 2., a state agency and the
17department of revenue shall enter into a written agreement to have the department
18collect any amount owed to the state agency that is more than 90 days past due,
19unless negotiations any of the following applies:
AB910,7,20 20a. Negotiations between the agency and debtor are actively ongoing, the.
AB910,7,21 21b. The debt is the subject of legal action or administrative proceedings, or the.
AB910,7,23 22c. The agency determines that the debtor is adhering to an acceptable payment
23arrangement.
AB910,8,6 241m. At least 30 days before the department pursues the collection of any debt
25referred by a state agency, either the department or the agency shall provide the

1debtor with a written notice that the debt will be referred to the department for
2collection. The department may collect amounts owed, pursuant to the written
3agreement, from the debtor in addition to offsetting the amounts as provided under
4sub. (3). The department shall charge each debtor whose debt is subject to collection
5under this paragraph a collection fee and that amount shall be credited to the
6appropriation under s. 20.566 (1) (h).
AB910,9 7Section 9 . 71.93 (8) (b) 1. d. of the statutes is created to read:
AB910,8,108 71.93 (8) (b) 1. d. The debt is an amount owed under ch. 108 or under a federal
9unemployment benefit program administered by the department of workforce
10development.
AB910,10 11Section 10 . 108.02 (2) (c) of the statutes is amended to read:
AB910,8,1712 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.
AB910,11 18Section 11 . 108.02 (10e) (c) of the statutes is created to read:
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:
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