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Please see http://docs.legis.wisconsin.gov for the production version.
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 Changing certain out-of-date cross-references to federal law to reflect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repealed.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:
SB897,1 1Section 1 . 16.48 (1) (a) (intro.) of the statutes is renumbered 16.48 (1) (intro.)
2and amended to read:
SB897,6,23 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:
SB897,2 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:
SB897,6,76 16.48 (1) (bm) Specific proposed changes, if any, in the laws relating to
7unemployment insurance financing, benefits, and administration.
SB897,6,88 (c) Projections specified in subd. 1. par. (am) under the proposed laws.
SB897,6,109 (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.
SB897,3 11Section 3 . 16.48 (1) (b) of the statutes is repealed.
SB897,4 12Section 4 . 16.48 (2) of the statutes is repealed.
SB897,5 13Section 5 . 16.48 (3) of the statutes is amended to read:
SB897,6,2414 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).
SB897,6 25Section 6 . 16.48 (4) of the statutes is created to read:
SB897,7,3
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.
SB897,7 4Section 7 . 59.40 (4) of the statutes is amended to read:
SB897,7,145 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).
SB897,8 15Section 8 . 71.93 (8) (b) 1. of the statutes is amended to read:
SB897,7,1916 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:
SB897,7,20 20a. Negotiations between the agency and debtor are actively ongoing, the.
SB897,7,21 21b. The debt is the subject of legal action or administrative proceedings, or the.
SB897,7,23 22c. The agency determines that the debtor is adhering to an acceptable payment
23arrangement.
SB897,8,6 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).
SB897,9 7Section 9 . 71.93 (8) (b) 1. d. of the statutes is created to read:
SB897,8,108 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.
SB897,10 11Section 10 . 108.02 (2) (c) of the statutes is amended to read:
SB897,8,1712 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.
SB897,11 18Section 11 . 108.02 (10e) (c) of the statutes is created to read:
SB897,8,2019 108.02 (10e) (c) “Departmental error” does not include an error made by an
20appeal tribunal appointed under s. 108.09 (3).
SB897,12 21Section 12 . 108.02 (13) (c) 2. a. of the statutes is amended to read:
SB897,9,222 108.02 (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
SB897,13 3Section 13 . 108.02 (13) (k) of the statutes is amended to read:
SB897,9,104 108.02 (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).
SB897,14 11Section 14 . 108.02 (14) of the statutes is amended to read:
SB897,9,1512 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)
.
SB897,15 16Section 15 . 108.02 (15) (j) 5. of the statutes is amended to read:
SB897,9,2117 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;
SB897,16 22Section 16 . 108.02 (15) (k) 5. of the statutes is amended to read:
SB897,9,2523 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
;
SB897,17
1Section 17. 108.02 (15) (k) 21. of the statutes is created to read:
SB897,10,42 108.02 (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:
SB897,10,65 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.
SB897,10,97 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.
SB897,18 10Section 18 . 108.02 (17m) of the statutes is amended to read:
SB897,10,1311 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.
SB897,19 14Section 19 . 108.02 (19) of the statutes is amended to read:
SB897,10,1815 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
.
SB897,20 19Section 20 . 108.02 (26) (c) 9. of the statutes is repealed.
SB897,21 20Section 21 . 108.02 (26) (c) 14. of the statutes is repealed.
SB897,22 21Section 22 . 108.04 (7) (h) of the statutes is renumbered 108.04 (7) (u).
SB897,23 22Section 23 . 108.04 (12) (b) of the statutes is amended to read:
SB897,11,223 108.04 (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.
SB897,24 3Section 24 . 108.04 (16) (d) 1. of the statutes is amended to read:
SB897,11,104 108.04 (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
SB897,25 11Section 25 . 108.04 (18) (a) of the statutes is amended to read:
SB897,11,2312 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.
SB897,26 24Section 26 . 108.04 (18) (b) of the statutes is amended to read:
SB897,12,6
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.
SB897,27 7Section 27 . 108.062 (1) (c) of the statutes is repealed.
SB897,28 8Section 28 . 108.062 (2) (a) of the statutes is amended to read:
SB897,12,119 108.062 (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.
SB897,29 12Section 29 . 108.062 (2) (b) of the statutes is repealed.
SB897,30 13Section 30 . 108.062 (2) (c) of the statutes is amended to read:
SB897,12,1514 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.
SB897,31 16Section 31 . 108.062 (2) (d) of the statutes is amended to read:
SB897,12,1917 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
.
SB897,32 20Section 32 . 108.062 (2) (e) of the statutes is repealed.
SB897,33 21Section 33 . 108.062 (2) (h) of the statutes is amended to read:
SB897,13,222 108.062 (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.
SB897,34 3Section 34 . 108.062 (2) (m) of the statutes is amended to read:
SB897,13,94 108.062 (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.
SB897,35 10Section 35 . 108.062 (3) of the statutes is amended to read:
SB897,13,1411 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).
SB897,36 15Section 36 . 108.062 (3r) of the statutes is amended to read:
SB897,13,2116 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.
SB897,37 22Section 37 . 108.062 (4) (a) 1. of the statutes is renumbered 108.062 (4) (a) and
23amended to read:
SB897,14,224 108.062 (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.
SB897,38 3Section 38 . 108.062 (4) (a) 2. of the statutes is repealed.
SB897,39 4Section 39 . 108.062 (4) (b) of the statutes is amended to read:
SB897,14,85 108.062 (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).
SB897,40 9Section 40 . 108.062 (6) (b) of the statutes is amended to read:
SB897,14,1510 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.
SB897,41 16Section 41 . 108.062 (15) of the statutes is amended to read:
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