SB672,30
19Section 30
. 108.04 (18) (a) of the statutes is amended to read:
SB672,11,620
108.04
(18) (a) The wages paid to an employee who performed services while
21the employee was an alien shall, if based on such services, be excluded from the
22employee's base period wages for purposes of sub. (4) (a) and ss. 108.05 (1) and 108.06
23(1) unless the employee is an alien who was lawfully admitted for permanent
24residence at the time such services were performed, was lawfully present for the
25purpose of performing such services, or was permanently residing in the United
1States under color of law at the time such services were performed, including an alien
2who was lawfully present in the United States as a result of the application of the
3provisions of
section 212 (d) (5) of the federal immigration and nationality act (8 USC
41182 (d) (5)
). All claimants shall be uniformly required to provide information as to
5whether they are citizens and, if they are not, any determination denying benefits
6under this subsection shall not be made except upon a preponderance of the evidence.
SB672,31
7Section 31
. 108.04 (18) (b) of the statutes is amended to read:
SB672,11,138
108.04
(18) (b) Any amendment of
s. 26 USC 3304 (a) (14)
of the federal
9unemployment tax act specifying conditions other than as stated in par. (a) for denial
10of benefits based on services performed by aliens, or changing the effective date for
11required implementation of par. (a) or such other conditions,
which that is a condition
12of approval of this chapter for full tax credit against the tax imposed by the federal
13unemployment tax act, shall be applicable to this subsection.
SB672,32
14Section 32
. 108.07 (5) (intro.) of the statutes is amended to read:
SB672,11,2015
108.07
(5) (intro.)
Except as provided in sub. (7), whenever benefits which
16that would otherwise be chargeable to the fund's balancing account are paid based
17on wages paid by an employer that is not subject to the contribution requirements
18of ss. 108.17 and 108.18, and the benefits are so chargeable under sub. (3) or s.
19108.04 (1) (f) or, (5), or (5g) or 108.14 (8n) (e), or under s. 108.16 (6m) (e) for benefits
20specified in s. 108.16 (3) (b), the department shall charge the benefits as follows:
SB672,33
21Section 33
. 108.07 (5) (a) of the statutes is amended to read:
SB672,11,2522
108.07
(5) (a) If no employer from which the claimant has base period wages
23is subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall
24be
charged to the administrative account and paid from the appropriation under s.
2520.445 (1)
(gd) (wd).
SB672,34
1Section
34
. 108.07 (5) (c) of the statutes is amended to read:
SB672,12,92
108.07
(5) (c) If 2 or more employers from which the claimant has base period
3wages are not subject to the contribution requirements of ss. 108.17 and 108.18, and
4one or more employers from which the claimant has base period wages are subject
5to the contribution requirements of ss. 108.17 and 108.18, that percentage of the
6employee's benefits which would otherwise be chargeable to the fund's balancing
7account under sub. (3) or s. 108.04 (1) (f)
or, (5)
, or (5g), or under s. 108.16 (6m) (e)
8for benefits specified in s. 108.16 (3) (b), shall be
charged to the administrative
9account and paid from the appropriation under s. 20.445 (1)
(gd) (wd).
SB672,35
10Section 35
. 108.07 (6) of the statutes is amended to read:
SB672,12,1511
108.07
(6) The department may initially charge benefits otherwise
chargeable
12to the administrative account payable from the appropriation under s. 20.445 (1)
13(wd) as provided under this section to the fund's balancing account, and periodically
14reimburse the charges to the balancing account from the
administrative account 15appropriation under s. 20.445 (1) (wd).
SB672,36
16Section 36
. 108.07 (7) of the statutes is amended to read:
SB672,12,2117
108.07
(7) Whenever benefits are chargeable under sub. (1) or (2) based on
18federal employment, the department shall charge the benefits to the federal
19government
, except that, if the federal government refuses to reimburse the benefits
20to the department, the department shall charge the benefits to the administrative
21account and pay them from the appropriation under s. 20.445 (1) (wd).
SB672,37
22Section 37
. 108.09 (5) (b) of the statutes is amended to read:
SB672,13,623
108.09
(5) (b) All testimony at any hearing under this section shall be recorded
24by electronic means, but need not be transcribed unless either of the parties requests
25a transcript before expiration of that party's right to further appeal under this
1section and pays a fee to the commission in advance, the amount of which shall be
2established by rule of the commission. When the commission provides a transcript
3to one of the parties upon request, the commission shall also provide a copy of the
4transcript to all other parties free of charge. The transcript fee collected shall be
paid
5to the administrative account credited to the appropriation account under s. 20.427
6(1) (g).
SB672,38
7Section 38
. 108.10 (intro.) of the statutes is amended to read:
SB672,13,12
8108.10 Settlement of issues other than benefit claims. (intro.) Except as
9provided in s. 108.245 (3), in connection with any issue arising under this chapter as
10to the status or liability of an employing unit
in this state, for which no review is
11provided under s. 108.09
, 108.095, or 108.227 (5) and whether or not a penalty is
12provided in s. 108.24, the following procedure shall apply:
SB672,39
13Section 39
. 108.13 (4) (a) 2. of the statutes is amended to read:
SB672,13,1514
108.13
(4) (a) 2.
“Legal process" has the meaning given under 42 USC 662 (e)
15659 (i) (5).
SB672,40
16Section 40
. 108.14 (2m) of the statutes is amended to read:
SB672,14,1217
108.14
(2m) In the discharge of their duties under this chapter an appeal
18tribunal, commissioner
, or other authorized representative of the department or
19commission may administer oaths to persons appearing before them, take
20depositions, certify to official acts, and by subpoenas, served in the manner in which
21circuit court subpoenas are served, compel attendance of witnesses and the
22production of books, papers, documents
, and records necessary or convenient to be
23used by them in connection with any investigation, hearing
, or other proceeding
24under this chapter. A party's attorney of record may issue a subpoena to compel the
25attendance of a witness or the production of evidence. A subpoena issued by an
1attorney must be in substantially the same form as provided in s. 805.07 (4) and must
2be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
3issuance, send a copy of the subpoena to the appeal tribunal or other representative
4of the department responsible for conducting the proceeding. However, in any
5investigation, hearing
, or other proceeding involving the administration of oaths or
6the use of subpoenas under this subsection due notice shall be given to any interested
7party involved, who shall be given an opportunity to appear and be heard at any such
8proceeding and to examine witnesses and otherwise participate therein. Witness
9fees and travel expenses involved in proceedings under this chapter may be allowed
10by the appeal tribunal or representative of the department at rates specified by
11department rules, and shall be paid from the
administrative account appropriation
12under s. 20.445 (1) (n).
SB672,41
13Section 41
. 108.14 (3m) of the statutes is amended to read:
SB672,14,2414
108.14
(3m) In any court action to enforce this chapter the department, the
15commission, and the state may be represented by any licensed attorney who is an
16employee of the department or the commission and is designated by either of them
17for this purpose or at the request of either of them by the department of justice. If
18the governor designates special counsel to defend, in behalf of the state, the validity
19of this chapter or of any provision of
Title IX of the social security act 42 USC 1101
20to 1110, the expenses and compensation of the special counsel and of any experts
21employed by the department in connection with that proceeding may be charged to
22the
administrative account appropriation under s. 20.445 (1) (wd). If the
23compensation is being determined on a contingent fee basis, the contract is subject
24to s. 20.9305.
SB672,42
25Section 42
. 108.14 (7) (c) of the statutes is repealed.
SB672,43
1Section
43. 108.14 (8n) (a) of the statutes is amended to read:
SB672,15,62
108.14
(8n) (a) The department shall enter into a reciprocal arrangement
3which is approved by the U.S. secretary of labor
pursuant to section under 26 USC
43304 (a) (9) (B)
of the internal revenue code, to provide more equitable benefit
5coverage for individuals whose recent work has been covered by the unemployment
6insurance laws of 2 or more jurisdictions.
SB672,44
7Section 44
. 108.14 (8n) (e) of the statutes is amended to read:
SB672,15,218
108.14
(8n) (e) The department shall charge this state's share of any benefits
9paid under this subsection to the account of each employer by which the employee
10claiming benefits was employed in the applicable base period, in proportion to the
11total amount of wages he or she earned from each employer in the base period, except
12that if s. 108.04 (1) (f), (5),
(5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a)
13or (b) to (c), 108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) would have applied to
14employment by such an employer who is subject to the contribution requirements of
15ss. 108.17 and 108.18, the department shall charge the share of benefits based on
16employment with that employer to the fund's balancing account, or, if s. 108.04 (1)
17(f)
or, (5)
, or (5g) or 108.07 (3) would have applied to an employer that is not subject
18to the contribution requirements of ss. 108.17 and 108.18, the department shall
19charge the share of benefits based on that employment in accordance with s. 108.07
20(5) (a) and (b). The department shall also charge the fund's balancing account with
21any other state's share of such benefits pending reimbursement by that state.