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The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB899,1
1Section 1 . 20.427 (1) (g) of the statutes is created to read:
SB899,3,52 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.
SB899,2 6Section 2 . 20.445 (1) (gc) of the statutes is renumbered 20.445 (1) (wc) and
7amended to read:
SB899,3,108 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.
SB899,3 11Section 3 . 20.445 (1) (gd) of the statutes is renumbered 20.445 (1) (wd) and
12amended to read:
SB899,4,1013 20.445 (1) (wd) Unemployment interest and penalty payments. All From the
14unemployment administration fund, all
moneys received as interest and penalties
15collected under ss. 108.04 (11) (c) and (cm) and (13) (c) and 108.22 except interest and
16penalties deposited under s. 108.19 (1q), and forfeitures under s. 103.05 (5), all
17moneys not appropriated under par. (gg) and
108.20 (3), all moneys received as
18forfeitures under s. 103.05 (5), all moneys received under s. 108.09 (5) (c), all moneys
19received under s. 108.14 (16), all moneys received under s. 108.18 (1) (c),
all moneys
20transferred to this appropriation account from the appropriation account under par.
21(gh) (wh), and all other nonfederal moneys received for the employment service or
22for the administration of ch. 108 that are not otherwise appropriated under this
23subsection,
for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin
24Act 38, section 132 (1) (c)
, for the payment of interest to employers under s. 108.17
25(3m), for research relating to the condition of the unemployment reserve fund under

1s. 108.14 (6), for administration of the unemployment insurance program and federal
2or state unemployment insurance programs authorized by the governor under s.
316.54, for satisfaction of any federal audit exception concerning a payment from the
4unemployment reserve fund or any federal aid disallowance concerning the
5unemployment insurance program, for assistance to the department of justice in the
6enforcement of ch. 108, for the payment of interest due on advances from the federal
7unemployment account under title XII of the social security act 42 USC 1321 to 1324
8to the unemployment reserve fund, and for payments made to the unemployment
9reserve fund to obtain a lower interest rate or deferral of interest payments on these
10advances, except as otherwise provided in s. 108.20.
SB899,4 11Section 4 . 20.445 (1) (gg) of the statutes is repealed.
SB899,5 12Section 5 . 20.445 (1) (gh) of the statutes is renumbered 20.445 (1) (wh) and
13amended to read:
SB899,4,1914 20.445 (1) (wh) Unemployment information technology systems; assessments.
15All From the unemployment administration fund, all moneys received from
16assessments levied under s. 108.19 (1e) (a) and 1997 Wisconsin Act 39, section 164
17(2)
, for the purpose specified in s. 108.19 (1e) (d). The treasurer of the unemployment
18reserve fund may transfer moneys from this appropriation account to the
19appropriation account under par. (gd) (wd).
SB899,6 20Section 6 . 20.445 (1) (gm) of the statutes is repealed.
SB899,7 21Section 7 . 20.445 (1) (n) of the statutes is amended to read:
SB899,5,1822 20.445 (1) (n) Employment assistance and unemployment insurance
23administration; federal moneys.
All federal moneys received, as authorized by the
24governor under s. 16.54, for the administration of employment assistance and
25unemployment insurance programs of the department, for the performance of the

1department's other functions under subch. I of ch. 106 and ch. 108, and to pay the
2compensation and expenses of appeal tribunals and of employment councils
3appointed under s. 108.14, to be used for such purposes, except as provided in s.
4108.161 (3e), and, from the moneys received by this state under section 903 42 USC
51103
(d) of the federal Social Security Act, as amended, to transfer to the
6appropriation account under par. (nb) an amount determined by the treasurer of the
7unemployment reserve fund not exceeding the lesser of the amount specified in s.
8108.161 (4) (d) or the amounts in the schedule under par. (nb), to transfer to the
9appropriation account under par. (nd) an amount determined by the treasurer of the
10unemployment reserve fund not exceeding the lesser of the amount specified in s.
11108.161 (4) (d) or the amounts in the schedule under par. (nd), to transfer to the
12appropriation account under par. (ne) an amount not exceeding the lesser of the
13amount specified in s. 108.161 (4) (d) or the sum of the amounts in the schedule under
14par. (ne) and the amount determined by the treasurer of the unemployment reserve
15fund that is required to pay for the cost of banking services incurred by the
16unemployment reserve fund, and to transfer to the appropriation account under s.
1720.427 (1) (k) an amount determined by the treasurer of the unemployment reserve
18fund.
SB899,8 19Section 8 . 20.445 (1) (nb) of the statutes is amended to read:
SB899,6,320 20.445 (1) (nb) Unemployment administration; information technology
21systems.
From the moneys received from the federal government under section 903
2242 USC 1103 (d) of the federal Social Security Act, as amended, as a continuing
23appropriation, the amounts in the schedule, as authorized by the governor under s.
2416.54, for the purpose specified in s. 108.19 (1e) (d). All moneys transferred from par.
25(n) for this purpose shall be credited to this appropriation account. No moneys may

1be expended from this appropriation unless the treasurer of the unemployment
2reserve fund determines that such expenditure is currently needed for the purpose
3specified in s. 108.19 (1e) (d).
SB899,9 4Section 9 . 20.445 (1) (nd) of the statutes is amended to read:
SB899,6,165 20.445 (1) (nd) Unemployment administration; apprenticeship and other
6employment services.
From the moneys received from the federal government under
7section 903 42 USC 1103 (d) of the federal Social Security Act, as amended, the
8amounts in the schedule, as authorized by the governor under s. 16.54, to be used for
9administration by the department of apprenticeship programs under subch. I of ch.
10106 and for administration and service delivery of employment and workforce
11information services, including the delivery of reemployment assistance services to
12unemployment insurance claimants. All moneys transferred from par. (n) for this
13purpose shall be credited to this appropriation account. No moneys may be expended
14from this appropriation unless the treasurer of the unemployment reserve fund
15determines that such expenditure is currently needed for the purposes specified in
16this paragraph.
SB899,10 17Section 10 . 20.445 (1) (ne) of the statutes is amended to read:
SB899,7,218 20.445 (1) (ne) Unemployment insurance administration and bank service
19costs.
From the moneys received by this state under section 903 of the federal Social
20Security Act, as amended
42 USC 1103, all moneys transferred from the
21appropriation account under par. (n) to be used for the administration of
22unemployment insurance and for the payment of the cost of banking services
23incurred by the unemployment reserve fund. No moneys may be expended from this
24appropriation unless the treasurer of the unemployment reserve fund determines

1that such expenditure is currently needed for the purpose specified in this
2paragraph.
SB899,11 3Section 11 . 20.445 (1) (u) of the statutes is amended to read:
SB899,7,74 20.445 (1) (u) Unemployment interest payments and transfers. From the
5unemployment interest payment fund, all moneys received from assessments under
6s. 108.19 (1m) (a) for the purpose of making the payments and transfers authorized
7under s. 108.19 (1m) (f).
SB899,12 8Section 12 . 20.445 (1) (v) of the statutes is amended to read:
SB899,7,129 20.445 (1) (v) Unemployment program integrity. From the unemployment
10program integrity fund, all moneys received from sources identified under s. 108.19
11(1s)
108.20 (2) (a) for the purpose of making the payments authorized under s. 108.19
12(1s)
108.20 (2) (b).
SB899,13 13Section 13 . 25.17 (1) (xe) of the statutes is amended to read:
SB899,7,1414 25.17 (1) (xe) Unemployment interest payment fund (s. 108.19 (1q) 108.20 (3));
SB899,14 15Section 14 . 25.17 (1) (xf) of the statutes is amended to read:
SB899,7,1616 25.17 (1) (xf) Unemployment program integrity fund (s. 108.19 (1s) 108.20 (2));
SB899,15 17Section 15 . 103.05 (5) (d) of the statutes is amended to read:
SB899,7,1918 103.05 (5) (d) The department shall deposit all moneys received under this
19subsection in the appropriation account under s. 20.445 (1) (gd) (wd).
SB899,16 20Section 16 . 108.02 (1) of the statutes is repealed.
SB899,17 21Section 17 . 108.04 (11) (f) of the statutes is amended to read:
SB899,7,2422 108.04 (11) (f) All amounts forfeited under par. (c) and all collections from
23administrative assessments under par. (cm) shall be credited to the administrative
24account
appropriation under s. 20.445 (1) (wd).
SB899,18 25Section 18 . 108.07 (5) (am) (intro.) of the statutes is amended to read:
SB899,8,7
1108.07 (5) (am) (intro.) Except as provided in sub. (7), whenever benefits
2which that would otherwise be chargeable to the fund's balancing account are paid
3based on wages paid by an employer that is not subject to the contribution
4requirements of ss. 108.17 and 108.18, and the benefits are so chargeable under
5sub. (3) or s. 108.04 (1) (f)
or, (5), or (5g) or 108.14 (8n) (e), or under s. 108.16 (6m)
6(e) for benefits specified in s. 108.16 (3) (b), the department shall charge the
7benefits as follows:
SB899,19 8Section 19 . 108.07 (5) (am) 1. of the statutes is amended to read:
SB899,8,129 108.07 (5) (am) 1. If no employer from which the claimant has base period
10wages is subject to the contribution requirements of ss. 108.17 and 108.18, the
11benefits shall be charged to the administrative account and paid from the
12appropriation under s. 20.445 (1) (gd) (wd).
SB899,20 13Section 20 . 108.07 (5) (am) 3. of the statutes is amended to read:
SB899,8,2114 108.07 (5) (am) 3. If 2 or more employers from which the claimant has base
15period wages are not subject to the contribution requirements of ss. 108.17 and
16108.18, and one or more employers from which the claimant has base period wages
17are subject to the contribution requirements of ss. 108.17 and 108.18, that
18percentage of the employee's benefits which would otherwise be chargeable to the
19fund's balancing account under sub. (3) or s. 108.04 (1) (f) or, (5), or (5g), or under s.
20108.16 (6m) (e) for benefits specified in s. 108.16 (3) (b), shall be charged to the
21administrative account and
paid from the appropriation under s. 20.445 (1) (gd) (wd).
SB899,21 22Section 21 . 108.07 (6) of the statutes is amended to read:
SB899,9,223 108.07 (6) The department may initially charge benefits otherwise chargeable
24to the administrative account
payable from the appropriation under s. 20.445 (1)
25(wd) as provided
under this section to the fund's balancing account, and periodically

1reimburse the charges to the balancing account from the administrative account
2appropriation under s. 20.445 (1) (wd).
SB899,22 3Section 22 . 108.09 (5) (b) of the statutes is amended to read:
SB899,9,124 108.09 (5) (b) All testimony at any hearing under this section shall be recorded
5by electronic means, but need not be transcribed unless either of the parties requests
6a transcript before expiration of that party's right to further appeal under this
7section and pays a fee to the commission in advance, the amount of which shall be
8established by rule of the commission. When the commission provides a transcript
9to one of the parties upon request, the commission shall also provide a copy of the
10transcript to all other parties free of charge. The transcript fee collected shall be paid
11to the administrative account
credited to the appropriation account under s. 20.427
12(1) (g)
.
SB899,23 13Section 23 . 108.14 (2m) of the statutes is amended to read:
SB899,9,2514 108.14 (2m) In the discharge of their duties under this chapter an appeal
15tribunal, commissioner, or other authorized representative of the department or
16commission may administer oaths to persons appearing before them, take
17depositions, certify to official acts, and by subpoenas, served in the manner in which
18circuit court subpoenas are served, compel attendance of witnesses and the
19production of books, papers, documents, and records necessary or convenient to be
20used by them in connection with any investigation, hearing, or other proceeding
21under this chapter. A party's attorney of record may issue a subpoena to compel the
22attendance of a witness or the production of evidence. A subpoena issued by an
23attorney must be in substantially the same form as provided in s. 805.07 (4) and must
24be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
25issuance, send a copy of the subpoena to the appeal tribunal or other representative

1of the department responsible for conducting the proceeding. However, in any
2investigation, hearing, or other proceeding involving the administration of oaths or
3the use of subpoenas under this subsection due notice shall be given to any interested
4party involved, who shall be given an opportunity to appear and be heard at any such
5proceeding and to examine witnesses and otherwise participate therein. Witness
6fees and travel expenses involved in proceedings under this chapter may be allowed
7by the appeal tribunal or representative of the department at rates specified by
8department rules, and shall be paid from the administrative account appropriation
9under s. 20.445 (1) (n)
.
SB899,24 10Section 24 . 108.14 (3m) of the statutes is amended to read:
SB899,10,2111 108.14 (3m) In any court action to enforce this chapter the department, the
12commission, and the state may be represented by any licensed attorney who is an
13employee of the department or the commission and is designated by either of them
14for this purpose or at the request of either of them by the department of justice. If
15the governor designates special counsel to defend, in behalf of the state, the validity
16of this chapter or of any provision of Title IX of the social security act 42 USC 1101
17to 1111
, the expenses and compensation of the special counsel and of any experts
18employed by the department in connection with that proceeding may be charged to
19the administrative account appropriation under s. 20.445 (1) (wd). If the
20compensation is being determined on a contingent fee basis, the contract is subject
21to s. 20.9305.
SB899,25 22Section 25 . 108.14 (7) (c) of the statutes is repealed.
SB899,26 23Section 26 . 108.14 (12) (a) to (d) of the statutes are consolidated, renumbered
24108.14 (12) (am) and amended to read:
SB899,12,2
1108.14 (12) (am) Consistently with the provisions of pars. (8) and (9) of section
2303 (a) of Title III of the federal social security act,
42 USC 503 (a) (8) and (9), the
3department shall expend
all moneys received in the federal administrative financing
4account from any federal agency under said Title III shall be expended 42 USC ch.
57
subch. III
solely for the purposes and in the amounts found necessary by said that
6agency for the proper and efficient administration of this chapter. (b) Consistently
7with said provisions of said Title III, any
The department shall replace, within a
8reasonable time, any
such moneys, that were received prior to before July 1, 1941,
9and remaining remained unencumbered on said that date, or that were received on
10or after said that date, which, because of any action or contingency, have been if the
11moneys are
lost or have been expended for purposes other than, or in amounts in
12excess of, those found necessary by said the federal agency for the proper
13administration of this chapter, shall be replaced within a reasonable time. This
14paragraph is the declared policy of this state, as enunciated by the 1941 legislature,
15and shall be implemented as further provided in this subsection. (c)
. If it is believed
16that
any amount of money thus received has been thus is lost or improperly
17expended, the department, on its own motion or on notice from said the federal
18agency, shall promptly investigate and determine the matter and shall, depending
19on the nature of its determination, take such steps as it may deem considers
20necessary to protect the interests of the state. (d) If it is finally determined that
21moneys thus received have been thus lost or improperly expended, then the
22department shall either make the necessary replacement from those moneys in the
23administrative account specified in s. 108.20 (2m)
the appropriation under s. 20.445
24(1) (wd)
or shall submit, at the next budget hearings conducted by the governor and
25at the budget hearings conducted by the next legislature convened in regular session,

1a request that the necessary replacement be made by an appropriation from the
2general fund.
SB899,27 3Section 27 . 108.14 (12) (e) of the statutes is renumbered 108.14 (12) (bm) and
4amended to read:
SB899,12,85 108.14 (12) (bm) This subsection shall not be construed to relieve this state of
6any obligation existing prior to its enactment before July 1, 1941, with respect to
7moneys received prior to before July 1, 1941, pursuant to said Title III under 42 USC
8ch. 7
subch. III
.
SB899,28 9Section 28 . 108.14 (16) of the statutes is amended to read:
SB899,12,1810 108.14 (16) The department shall have duplicated or printed, and shall
11distribute without charge, such employment security
any reports, studies and,
12forms, records, decisions, regulations, rules, or
other materials, including the text of
13this chapter and, the handbook under sub. (23), and other instructional or
14explanatory pamphlets for employers or workers, as that it deems necessary for
15public information or for the proper administration of this chapter ; but the. The
16department may collect a reasonable charge, which shall be credited to the
17administrative appropriation account under s. 20.445 (1) (wd), for any such item the
18cost of which is not fully covered by federal administrative grants.
SB899,29 19Section 29 . 108.14 (18) of the statutes is renumbered 108.19 (1e) (e) and
20amended to read:
SB899,12,2521 108.19 (1e) (e) No later than the end of the month following each quarter in
22which the department expends moneys derived from assessments levied under s.
23108.19 (1e)
this subsection, the department shall submit a report to the council on
24unemployment insurance describing the use of the moneys expended and the status
25at the end of the quarter of any project for which moneys were expended.
SB899,30
1Section 30 . 108.14 (23) (d) of the statutes is repealed.
SB899,31 2Section 31 . 108.16 (5) (c) of the statutes is amended to read:
SB899,13,93 108.16 (5) (c) While the state has an account in the “Unemployment Trust
4Fund", public deposit insurance charges on the fund's balances held in banks,
5savings banks, savings and loan associations, and credit unions in this state, the
6premiums on surety bonds required of the fund's treasurer under this section, and
7any other expense of administration otherwise payable from the fund's interest
8earnings, shall be paid from the administrative account appropriation under s.
920.445 (1) (n) or (ne)
.
SB899,32 10Section 32 . 108.16 (6) (k) of the statutes is amended to read:
SB899,13,1211 108.16 (6) (k) All payments to the fund from the administrative account as
12authorized under s. 108.20 (2m)
appropriation under s. 20.445 (1) (wd).
SB899,33 13Section 33 . 108.16 (6) (m) of the statutes is amended to read:
SB899,13,1514 108.16 (6) (m) Any amounts transferred to the balancing account from the
15unemployment interest payment fund under s. 108.19 (1m) (f).
SB899,34 16Section 34 . 108.16 (8) (f) of the statutes is amended to read:
SB899,13,2517 108.16 (8) (f) The successor shall take over and continue the transferor's
18account, including its positive or negative balance and all other aspects of its
19experience under this chapter in proportion to the payroll assignable to the
20transferred business and the liability of the successor shall be proportioned to the
21extent of the transferred business. The transferor and the successor shall be jointly
22and severally liable for any amounts owed by the transferor to the fund and to the
23administrative account
under this chapter at the time of the transfer, but a successor
24under par. (c) is not liable for the debts of the transferor except in the case of fraud
25or malfeasance.
SB899,35
1Section 35. 108.161 (title) of the statutes is amended to read:
SB899,14,3 2108.161 (title) Federal administrative financing account; Reed Act
3distributions
.
SB899,36 4Section 36 . 108.161 (1) and (1m) of the statutes are consolidated, renumbered
5108.161 (1) and amended to read:
SB899,14,126 108.161 (1) The fund's treasurer shall maintain within the fund an
7employment security “federal administrative financing account ",," and shall credit
8thereto to that account all amounts credited to the fund pursuant to the federal
9employment security administrative financing act (of 1954) and section 903 of the
10federal social security act, as amended.
(1m) The treasurer of the fund shall also
11credit to said account
under 42 USC 1101 to 1103 and all federal moneys credited to
12the fund pursuant to under sub. (8).
SB899,37 13Section 37 . 108.161 (2) of the statutes is amended to read:
SB899,14,1614 108.161 (2) The requirements of said section 903 42 USC 1103 shall control any
15appropriation, withdrawal, and use of any moneys in said the federal administrative
16financing
account.
SB899,38 17Section 38 . 108.161 (3) of the statutes is amended to read:
SB899,14,2218 108.161 (3) Consistently with this chapter and said section 903, such 42 USC
191103
,
moneys in the federal administrative financing account shall be used solely for
20benefits or employment security administration by the department, including
21unemployment insurance, employment service, apprenticeship programs, and
22related statistical operations.
SB899,39 23Section 39 . 108.161 (3e) of the statutes is amended to read:
SB899,15,324 108.161 (3e) Notwithstanding sub. (3), any moneys allocated under section 903
25of the federal Social Security Act, as amended,
42 USC 1103 for federal fiscal years

12000 and 2001 and the first $2,389,107 of any distribution received by this state
2under section 903 of that act 42 USC 1103 in federal fiscal year 2002 shall be used
3solely for unemployment insurance administration.
SB899,40 4Section 40 . 108.161 (4) of the statutes is amended to read:
SB899,15,85 108.161 (4) Such moneys Moneys in the federal administrative financing
6account
shall be encumbered and spent for employment security administrative
7purposes only pursuant to, and after the effective date of, a specific legislative
8appropriation enactment that does all of the following:
SB899,15,109 (a) Stating States for which such purposes and in what amounts the
10appropriation is being made to the administrative account created by s. 108.20.
SB899,15,1611 (b) Directing Directs the fund's treasurer to transfer the appropriated amounts
12to the administrative account the appropriation account under s. 20.445 (1) (n) only
13as and to the extent that they are currently needed for such expenditures, and
14directing directs that there shall be restored to the federal administrative financing
15account created by sub. (1) any amount thus transferred which that has ceased to be
16needed or available for such expenditures.
SB899,15,2217 (c) Specifying Specifies that the appropriated amounts are available for
18obligation solely within the 2 years beginning on the appropriation law's date of
19enactment. This paragraph does not apply to the appropriations under s. 20.445 (1)
20(nd) and (ne) or to any amounts expended from the appropriation under s. 20.445 (1)
21(nb) from moneys transferred to this state on March 13, 2002, pursuant to section 903
22(d) of the federal Social Security Act
42 USC 1103 (d).
SB899,16,223 (d) Limiting Limits the total amount which that may be obligated during any
24fiscal year to the aggregate of all amounts credited under sub. (1), including amounts

1credited pursuant to under sub. (8), reduced at the time of any obligation by the sum
2of the moneys obligated and charged against any of the amounts credited.
SB899,41 3Section 41 . 108.161 (5) and (6) of the statutes are consolidated, renumbered
4108.161 (5m) and amended to read:
SB899,16,115 108.161 (5m) The total of the amounts thus appropriated under sub. (4) for use
6in any fiscal year shall in no event exceed the moneys available for such use
7hereunder under this section, considering the timing of credits hereunder under this
8section
and the sums already spent or appropriated or transferred or otherwise
9encumbered hereunder. (6) under this section. The fund's treasurer shall keep a
10record of all such times and amounts; shall charge transactions and shall do all of the
11following:
SB899,16,13 12(a) Charge each sum against the earliest credits duly available therefor; shall
13include
.
SB899,16,17 14(b) Include any sum thus that has been appropriated but not yet spent
15hereunder under this section in computing the fund's net balance as of the close of
16any month, in line with the federal requirement that any such sum shall, until spent,
17be considered part of the fund; and shall certify .
SB899,16,18 18(c) Certify the relevant facts whenever necessary hereunder.
SB899,42 19Section 42 . 108.161 (7) of the statutes is amended to read:
SB899,16,2520 108.161 (7) If any moneys appropriated hereunder under this section are used
21to buy and hold suitable land, with a view to the future construction of an and to build
22a suitable
employment security building thereon, and if such land is later sold or
23transferred to other use, the proceeds of such sale ( , or the value of such land when
24transferred), shall be credited to the federal administrative financing account
25created by sub. (1) except as otherwise provided in ss. 13.48 (14) and 16.848.
SB899,43
1Section 43. 108.161 (8) of the statutes is amended to read:
SB899,17,112 108.161 (8) If any sums are appropriated and spent hereunder under this
3section
to buy land and to build a suitable employment security building thereon, or
4to purchase information technology hardware and software, then any federal
5moneys thereafter credited to the fund or paid to the department by way of gradual
6reimbursement of such employment security capital expenditures, or in lieu of the
7estimated periodic amounts which that would otherwise (, in the absence of such
8expenditures), be federally granted for the rental of substantially equivalent
9quarters, shall be credited to the federal administrative financing account created
10by sub. (1),
consistently with any federal requirements applicable to the handling
11and crediting of such moneys.
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