Plain Language Summary of the 2003 UI Law
A complete Plain Language Summary (PDF) of Wisconsin Act 197
Summary of Items in 2003 Wisconsin Act 197
Effective April 25, 2004, unless otherwise stated within the legislation.
- Restore the partial successorship provision in effect prior to 2001 Wisconsin Act 35. This requires the Department to allow transfers of part of a business’ reserve fund balance if a part of a business is sold.
- Require claimants who are required to conduct a work search each week (usually claimants who have been laid off indefinitely) to perform two work search activities each week.
- Waive the work search requirement for claimants on temporary layoffs who are returning to work with their employers. Give employers the opportunity to question whether claimants are returning to work.
- Authorize the department to use Reed Act funds to pay bank fees when doing so will enhance the interest earned on the moneys that remain in the Unemployment Trust Fund.
- Revise the definition of "employee" in the UI law to remove the sunset provision and make permanent the 7-of-10 factor test.
- Develop new law for the tax treatment of limited liability companies (LLCs) and clarify the treatment of LLC members for benefit eligibility.
- Amend the UI overpayment warrant and levy statutes to provide collection and levy authority for "imposter" overpayments. These cases typically involve overpayments to individuals who fraudulently use the identity of others to collect benefits.
- Change the approved training provision to clarify the treatment of individuals who are in approved training under the UI law. These changes are primarily technical and being made to make clarify our current practices. Also change the law to treat training programs approved by any DWD division as "approved training" for UI purposes.
- Create the necessary law changes to allow the Department to spend certain specified amounts of Reed Act, interest and penalty and administrative fee moneys for the ENABLES project.
- Change the UI law on recovering benefit payments from future UI benefits to eliminate potential legal problems with the Bankruptcy Courts.
- Exempt wages from levy in non-fraud benefit overpayment cases by using the legal standard that is used in many other social programs in Wisconsin.
- Amend the UI law to allow the department to pay lien satisfaction fees monthly instead of per item.
- Change the UI law to provide that a levy to collect an overpayment or tax liability can remain in effect until the debt is paid.
- Amend the late appeal provision to permit Administrative Law Judges to resolve late appeals without always first holding hearings on the late appeal issue.
- Change the "reasonable assurance" provision that disqualifies educational employees between academic terms to conform with federal law. (This is a conformity change being required by US Department of Labor.)
- Modify the definition of "child" in the UI law to include stepchildren under the age of 18.
- Modify the "pension" offset provision to conform with federal law requirements for eliminating the social security offset against UI benefits.
- Repeal the requirement to develop administrative rules relating to repeated absenteeism and tardiness and the definition of "establishment" under the labor dispute provision.
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