Date of enactment:
2023 Assembly Bill 147 Date of publication*:
2023 WISCONSIN ACT
AN ACT to renumber and amend 108.04 (2) (a) 4. and 108.04 (5) (e); to amend 16.54 (2) (a) 1., 108.04 (5) (b),
108.04 (15) (a) 1. and 108.14 (20); and to create 16.54 (14), 108.04 (2) (a) 4. c., 108.04 (5) (e) (intro.), 108.04 (5)
(e) 2. and 108.04 (5) (h) of the statutes; relating to: various changes to the unemployment insurance law and requiring
approval by the Joint Committee on Finance of certain federally authorized unemployment benefits.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 16.54 (2) (a) 1. of the statutes is amended
to read:
16.54 (2) (a) 1. Except as provided in subd. 2. and
sub. (14), whenever funds shall be made available to this
state through an act of congress and the funds are
accepted as provided in sub. (1), the governor shall desig-
nate the state board, commission, or department to
administer any of such funds, and the board, commission,
or department so designated by the governor is autho-
rized and directed to administer such funds for the pur-
pose designated by the act of congress making an appro-
priation of such funds, or by the department of the United
States government making such funds available to this
state. Whenever a block grant is made to this state, no
moneys received as a part of the block grant may be trans-
ferred from use as a part of one such grant to use as a part
of another such grant, regardless of whether a transfer
between appropriations is required, unless the joint com-
mittee on finance approves the transfer.
SECTION 2. 16.54 (14) of the statutes is created to
read:
16.54 (14) (a) In this subsection, “benefit augmenta-
tion” means for any state agency or official, including the
governor, to encumber or expend moneys received from,
or accept reimbursement from, the federal government or
for any state agency or official, including the governor,
to enter into any contract or agreement with the federal
government or any federal agency, to do any of the fol-
lowing:
1. Increase the weekly unemployment insurance ben-
efit rate payable to claimants to a rate that is higher than
what is provided under s. 108.05, including by providing
any stipend or other benefit separately from unemploy-
ment insurance benefits, if eligibility for that stipend or
benefit is determined, in whole or in part, based on an
individual’s receipt of, or eligibility for, unemployment
insurance benefits.
2. Increase the total amount of unemployment insur-
ance benefits to which a claimant is entitled to an amount
that is greater than what is provided under s. 108.06 (2),
including by providing an increased overall benefit enti-
tlement or additional weeks of benefits.
(b) 1. Whenever any benefit augmentation is pro-
vided for through an act of congress or by executive
action of the president of the United States, the governor
or other state official or state agency shall notify the
cochairpersons of the joint committee on finance, in writ-
ing, of the proposed benefit augmentation. The notice
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 147
shall contain a detailed description of the proposed bene-
fit augmentation, an affirmative statement that the pro-
posed benefit augmentation complies with subd. 2., and,
if the proposed benefit augmentation requires any con-
tract or agreement with the federal government or any
federal agency, a copy of the proposed contract or agree-
ment if available. If the cochairpersons of the committee
do not notify the governor, official, or agency that the
committee has scheduled a meeting for the purpose of
reviewing the proposed benefit augmentation within 14
working days after the date of the governor’s, official’s,
or agency’s notification, the benefit augmentation may,
subject to subd. 2., be effectuated as proposed by the gov-
ernor, official, or agency. If, within 14 working days after
the date of the governor’s, official’s, or agency’s notifica-
tion, the cochairpersons of the committee notify the gov-
ernor, official, or agency that the committee has sched-
uled a meeting for the purpose of reviewing the proposed
benefit augmentation, the benefit augmentation may not
be effectuated without the approval of the committee.
The committee may not approve a proposed benefit aug-
mentation unless it complies with subd. 2.
2. No benefit augmentation may be effectuated
unless it is subject to termination or cancellation by the
joint committee on finance.
(c) This subsection does not apply with respect to
federal extended benefits under s. 108.141.
SECTION 3. 108.04 (2) (a) 4. of the statutes is renum-
bered 108.04 (2) (a) 4. (intro.) and amended to read:
108.04 (2) (a) 4. (intro.) If the claimant is claiming
benefits for a week other than an initial week, the
claimant provides does all of the following:
a. Provides information or job application materials
that are requested by the department and participates.
b. Participates in a public employment office work-
shop or training program or in similar reemployment ser-
vices that are required by the department under sub. (15)
(a) 2.
SECTION 4. 108.04 (2) (a) 4. c. of the statutes is cre-
ated to read:
108.04 (2) (a) 4. c. Registers on his or her local job
center website or with his or her labor market exchange,
if the claimant resides outside this state. The department
shall verify that each such claimant has complied with
this subd. 4. c.
SECTION 5. 108.04 (5) (b) of the statutes is amended
to read:
108.04 (5) (b) Theft or unauthorized possession of an
employer’s property or, theft of an employer’s services
with intent to deprive the employer of the property or ser-
vices permanently, theft or unauthorized distribution of
an employer’s confidential or proprietary information,
use of an employer’s credit card or other financial instru-
ment for an unauthorized or nonbusiness purpose with-
out prior approval from the employer, theft of currency
of any value, felonious conduct connected with an
employee’s employment with his or her employer, or
intentional or negligent conduct by an employee that
causes the destruction of an employer’s records or sub-
stantial damage to his or her an employer’s property.
SECTION 6. 108.04 (5) (e) (intro.) of the statutes is
created to read:
108.04 (5) (e) (intro.) Any of the following:
SECTION 7. 108.04 (5) (e) of the statutes is renum-
bered 108.04 (5) (e) 1. and amended to read:
108.04 (5) (e) 1. Absenteeism by an employee on
more than 2 occasions within the 120−day period before
the date of the employee’s termination, unless otherwise
specified by his or her employer if the employee does not
provide to his or her employer both notice and one or
more valid reasons for the absenteeism. This subdivision
does not apply if the employer has a reasonable policy
that covers absenteeism described in subd. 2. in an
employment manual of which the employee has
acknowledged receipt with his or her signature, or exces-
sive tardiness by an employee in violation of a policy of
the employer that has been communicated to the
employee, if the employee does not provide to his or her
employer both notice and one or more valid reasons for
the absenteeism or tardiness.
SECTION 8. 108.04 (5) (e) 2. of the statutes is created
to read:
108.04 (5) (e) 2. A violation of an employer’s reason-
able policy that covers employee absenteeism, tardiness,
or both, and that results in an employee’s termination, if
that termination is in accordance with that policy and the
policy is specified by the employer in an employment
manual of which the employee has acknowledged receipt
with his or her signature.
SECTION 9. 108.04 (5) (h) of the statutes is created to
read:
108.04 (5) (h) A violation by an employee of an
employer’s reasonable policy that covers the use of social
media and is substantially related to the employee’s
employment, if the violation results in an employee’s ter-
mination and if that termination is in accordance with that
policy and the policy is specified by the employer in an
employment manual of which the employee has
acknowledged receipt with his or her signature.
SECTION 10. 108.04 (15) (a) 1. of the statutes is
amended to read:
108.04 (15) (a) 1. Use the information or materials
provided under sub. (2) (a) 4. a. to assess a claimant’s
efforts, skills, and ability to find or obtain work and to
develop a list of potential opportunities for a claimant to
obtain suitable work. A claimant who otherwise satisfies
the requirement under sub. (2) (a) 3. is not required to
apply for any specific positions on the list in order to sat-
isfy that requirement.
SECTION 11. 108.14 (20) of the statutes is amended
to read: − 3 − 2023 Wisconsin Act 2023 Assembly Bill 147
108.14 (20) The department shall conduct random
audits on claimants for benefits under this chapter to
assess compliance with the work search requirements
under s. 108.04 (2) (a) 3. The department shall conduct
the audits required under this subsection at a level suffi-
cient for the department to assess at least 50 percent of all
work search actions reported to have been performed by
claimants.
SECTION 12.0Nonstatutory provisions.
(1) The department of workforce development shall
submit a notice to the legislative reference bureau for
publication in the Wisconsin Administrative Register
when the department determines that the department has
any rules in place that are necessary to implement the
renumbering and amendment of s. 108.04 (2) (a) 4. and
the creation of s. 108.04 (2) (a) 4. c. by this act.
SECTION 13.0Initial applicability.
(1) The renumbering and amendment of s. 108.04 (2)
(a) 4. and the creation of s. 108.04 (2) (a) 4. c. first apply
with respect to weeks of unemployment beginning on the
effective date of this subsection.
(2) The renumbering and amendment of s. 108.04 (5)
(e), the amendment of s. 108.04 (5) (b), and the creation
of s. 108.04 (5) (e) (intro.) and 2. and (h) first apply with
respect to determinations issued under s. 108.09 on the
effective date of this subsection.
SECTION 14.0Effective dates. This act takes effect on
the Sunday after publication, except as follows:
(1) The renumbering and amendment of s. 108.04 (2)
(a) 4. and the creation of s. 108.04 (2) (a) 4. c. and SEC-
TION 13 (1) of this act take effect on the Sunday after the
notice under SECTION 12 (1) of this act is published in the
Wisconsin Administrative Register or on December 31,
2023, whichever occurs first.
(2) The renumbering and amendment of s. 108.04 (5)
(e), the amendment of s. 108.04 (5) (b), and the creation
of s. 108.04 (5) (e) (intro.) and 2. and (h) and SECTION 13
(2) of this act take effect on December 31, 2025, or on the
first Sunday after the 180th day after publication, which-
ever occurs later.