Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB147 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 147
5	5	April 7, 2023 - Introduced by Representatives ARMSTRONG, BEHNKE, BROOKS,
6	6	EDMING, GREEN, GUNDRUM, KNODL, MACCO, MOSES, MURPHY, NEDWESKI,
7	7	O'CONNOR, PENTERMAN, PETERSEN, PETRYK, PLUMER, RETTINGER, ROZAR,
8	8	SCHMIDT, SORTWELL and WICHGERS, cosponsored by Senators WIMBERGER,
9	9	FELZKOWSKI, NASS and STROEBEL. Referred to Committee on Workforce
10	10	Development and Economic Opportunities.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 108.04 (2) (a) 4. and 108.04 (5) (e); to amend
13	13	16.54 (2) (a) 1., 108.04 (5) (b), 108.04 (15) (a) 1. and 108.14 (20); and to create
14	14	16.54 (14), 108.04 (2) (a) 4. c., 108.04 (5) (e) (intro.), 108.04 (5) (e) 2. and 108.04
15	15	(5) (h) of the statutes; relating to: various changes to the unemployment
16	16	insurance law and requiring approval by the Joint Committee on Finance of
17	17	certain federally authorized unemployment benefits.
18	18	Analysis by the Legislative Reference Bureau
19	19	UNEMPLOYMENT INSURANCE
20	20	This bill makes various changes in the unemployment insurance (UI) law,
21	21	which is administered by the Department of Workforce Development. Significant
22	22	changes include all of the following:
23	23	Misconduct
24	24	Currently, if an employee is discharged for misconduct connected with his or her
25	25	employment, the employee is ineligible to receive UI benefits until certain
26	26	requalification criteria are satisfied. In addition, all wages earned with the employer
27	27	that discharges the employee are excluded in determining the amount of any future
28	28	benefits to which the employee is entitled. Current law provides a general definition
29	29	of misconduct and also specifies a number of specific actions that constitute
30	30	misconduct. The bill does all of the following with respect to what is considered
31	31	misconduct:
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39	39	ASSEMBLY BILL 147
40	40	1. Current law specifically provides that misconduct includes theft of an
41	41	employer's property or services with intent to deprive the employer of the property
42	42	or services permanently, theft of currency of any value, felonious conduct connected
43	43	with an employee's employment with his or her employer, or intentional or negligent
44	44	conduct by an employee that causes substantial damage to his or her employer's
45	45	property. The bill does the following:
46	46	a. Eliminates the requirement that the employee have intent to deprive the
47	47	employer of the property or services permanently.
48	48	b. Provides that intentional or negligent conduct by an employee that causes
49	49	the destruction of an employer's records is also considered misconduct.
50	50	c. Adds unauthorized possession of an employer 's property, theft or
51	51	unauthorized distribution of an employer's confidential or proprietary information,
52	52	and use of an employer's credit card or other financial instrument for an
53	53	unauthorized or nonbusiness purpose without prior approval from the employer to
54	54	the list of what is considered misconduct.
55	55	2. Current law specifically provides that misconduct includes absenteeism by
56	56	an employee on more than two occasions within the 120-day period before the date
57	57	of the employee's termination, unless otherwise specified by his or her employer in
58	58	an employment manual of which the employee has acknowledged receipt with his or
59	59	her signature, or excessive tardiness by an employee in violation of a policy of the
60	60	employer that has been communicated to the employee, if the employee does not
61	61	provide to his or her employer both notice and one or more valid reasons for the
62	62	absenteeism or tardiness.
63	63	The bill instead provides that misconduct includes both of the following: 1) a
64	64	violation of an employer's reasonable policy that covers employee absenteeism,
65	65	tardiness, or both and that results in an employee's termination, if that termination
66	66	is in accordance with that policy and the policy is specified by the employer in an
67	67	employment manual of which the employee has acknowledged receipt with his or her
68	68	signature; and 2) if an employer does not have a policy covering absenteeism that
69	69	meets the criteria just described, absenteeism on more than two occasions within the
70	70	120-day period preceding an employee's termination, if the employee does not
71	71	provide to the employer both notice and one or more valid reasons for the
72	72	absenteeism.
73	73	3. The bill specifically provides that misconduct includes a violation by an
74	74	employee of an employer's reasonable employment policy that covers the use of social
75	75	media specified by the employer in an employment manual of which the employee
76	76	has acknowledged receipt with his or her signature.
77	77	General qualifying requirements
78	78	Under current law, a claimant for UI benefits is generally required to 1) register
79	79	for work, 2) be able to work and available for work, and 3) conduct a work search for
80	80	each week in order to remain eligible. A claimant is required to conduct at least four
81	81	work search actions each week, and DWD may require, by rule, that an individual
82	82	conduct more than four work search actions per week. Finally, if a claimant is
83	83	claiming benefits for a week other than an initial week, the claimant must provide
84	84	information or job application materials that are requested by DWD and participate - 3 -2023 - 2024 Legislature
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88	88	in a public employment office workshop or training program or in similar
89	89	reemployment services required by DWD.
90	90	The bill does the following:
91	91	1. Requires a claimant who resides outside this state and who is claiming
92	92	benefits for a week other than an initial week to register with his or her local job
93	93	center website or labor market exchange and requires DWD to verify that each such
94	94	claimant has complied with that requirement.
95	95	2. Requires DWD to conduct random audits for at least 50 percent of all work
96	96	search actions reported to have been performed by claimants. Current law requires
97	97	random audits of work search actions, but does not require a specific number or level
98	98	of audits.
99	99	OTHER CHANGES
100	100	UI benefit augmentations subject to review by Joint Committee on Finance
101	101	The bill provides that whenever any UI benefit augmentation is provided for
102	102	through an act of Congress or by executive action of the president of the United
103	103	States, the cochairpersons of the Joint Committee on Finance must be notified, in
104	104	writing, of the proposed benefit augmentation. The bill defines “benefit
105	105	augmentation” to mean any action whereby the governor or any other state official
106	106	or agency would encumber or expend moneys received from, or accept
107	107	reimbursement from, the federal government or whereby the governor or any other
108	108	state agency or official would enter into any contract or agreement with the federal
109	109	government or any federal agency to 1) increase the weekly UI benefit rate payable
110	110	to claimants above what is provided under state law, or 2) increase the total amount
111	111	of UI benefits to which a claimant is entitled above what is provided under state law.
112	112	Under the bill, such a benefit augmentation is subject to a 14-day passive review by
113	113	the Joint Committee on Finance.
114	114	In addition, the bill provides that no benefit augmentation may be effectuated
115	115	unless it is subject to termination or cancellation by the Joint Committee on Finance.
116	116	Worker's compensation; misconduct
117	117	Currently, under the worker's compensation law, an employer is not liable for
118	118	temporary disability benefits during an employee's healing period if the employee is
119	119	suspended or terminated from employment due to misconduct, as defined under the
120	120	UI law. Under the bill, the changes to the UI law's definition of misconduct described
121	121	above apply under the worker's compensation law as well.
122	122	For further information see the state and local fiscal estimate, which will be
123	123	printed as an appendix to this bill.
124	124	The people of the state of Wisconsin, represented in senate and assembly, do
125	125	enact as follows:
126	126	SECTION 1. 16.54 (2) (a) 1. of the statutes is amended to read:1 - 4 -2023 - 2024 Legislature LRB-2176/1
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128	128	SECTION 1 ASSEMBLY BILL 147
129	129	16.54 (2) (a) 1. Except as provided in subd. 2. and sub. (14), whenever funds
130	130	shall be made available to this state through an act of congress and the funds are
131	131	accepted as provided in sub. (1), the governor shall designate the state board,
132	132	commission, or department to administer any of such funds, and the board,
133	133	commission, or department so designated by the governor is authorized and directed
134	134	to administer such funds for the purpose designated by the act of congress making
135	135	an appropriation of such funds, or by the department of the United States
136	136	government making such funds available to this state. Whenever a block grant is
137	137	made to this state, no moneys received as a part of the block grant may be transferred
138	138	from use as a part of one such grant to use as a part of another such grant, regardless
139	139	of whether a transfer between appropriations is required, unless the joint committee
140	140	on finance approves the transfer.
141	141	SECTION 2. 16.54 (14) of the statutes is created to read:
142	142	16.54 (14) (a) In this subsection, “benefit augmentation” means for any state
143	143	agency or official, including the governor, to encumber or expend moneys received
144	144	from, or accept reimbursement from, the federal government or for any state agency
145	145	or official, including the governor, to enter into any contract or agreement with the
146	146	federal government or any federal agency, to do any of the following:
147	147	1. Increase the weekly unemployment insurance benefit rate payable to
148	148	claimants to a rate that is higher than what is provided under s. 108.05, including
149	149	by providing any stipend or other benefit separately from unemployment insurance
150	150	benefits, if eligibility for that stipend or benefit is determined, in whole or in part,
151	151	based on an individual's receipt of, or eligibility for, unemployment insurance
152	152	benefits.
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179	179	SECTION 2
180	180	ASSEMBLY BILL 147
181	181	2. Increase the total amount of unemployment insurance benefits to which a
182	182	claimant is entitled to an amount that is greater than what is provided under s.
183	183	108.06 (2), including by providing an increased overall benefit entitlement or
184	184	additional weeks of benefits.
185	185	(b) 1. Whenever any benefit augmentation is provided for through an act of
186	186	congress or by executive action of the president of the United States, the governor
187	187	or other state official or state agency shall notify the cochairpersons of the joint
188	188	committee on finance, in writing, of the proposed benefit augmentation. The notice
189	189	shall contain a detailed description of the proposed benefit augmentation, an
190	190	affirmative statement that the proposed benefit augmentation complies with subd.
191	191	2., and, if the proposed benefit augmentation requires any contract or agreement
192	192	with the federal government or any federal agency, a copy of the proposed contract
193	193	or agreement if available. If the cochairpersons of the committee do not notify the
194	194	governor, official, or agency that the committee has scheduled a meeting for the
195	195	purpose of reviewing the proposed benefit augmentation within 14 working days
196	196	after the date of the governor's, official's, or agency's notification, the benefit
197	197	augmentation may, subject to subd. 2., be effectuated as proposed by the governor,
198	198	official, or agency. If, within 14 working days after the date of the governor's,
199	199	official's, or agency's notification, the cochairpersons of the committee notify the
200	200	governor, official, or agency that the committee has scheduled a meeting for the
201	201	purpose of reviewing the proposed benefit augmentation, the benefit augmentation
202	202	may not be effectuated without the approval of the committee. The committee may
203	203	not approve a proposed benefit augmentation unless it complies with subd. 2.
204	204	2. No benefit augmentation may be effectuated unless it is subject to
205	205	termination or cancellation by the joint committee on finance.
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232	232	SECTION 2 ASSEMBLY BILL 147
233	233	(c) This subsection does not apply with respect to federal extended benefits
234	234	under s. 108.141.
235	235	SECTION 3. 108.04 (2) (a) 4. of the statutes is renumbered 108.04 (2) (a) 4.
236	236	(intro.) and amended to read:
237	237	108.04 (2) (a) 4. (intro.) If the claimant is claiming benefits for a week other
238	238	than an initial week, the claimant provides does all of the following:
239	239	a. Provides information or job application materials that are requested by the
240	240	department and participates.
241	241	b. Participates in a public employment office workshop or training program or
242	242	in similar reemployment services that are required by the department under sub.
243	243	(15) (a) 2.
244	244	SECTION 4. 108.04 (2) (a) 4. c. of the statutes is created to read:
245	245	108.04 (2) (a) 4. c. Registers on his or her local job center website or with his
246	246	or her labor market exchange, if the claimant resides outside this state. The
247	247	department shall verify that each such claimant has complied with this subd. 4. c.
248	248	SECTION 5. 108.04 (5) (b) of the statutes is amended to read:
249	249	108.04 (5) (b) Theft or unauthorized possession of an employer's property or,
250	250	theft of an employer's services with intent to deprive the employer of the property or
251	251	services permanently, theft or unauthorized distribution of an employer's
252	252	confidential or proprietary information, use of an employer's credit card or other
253	253	financial instrument for an unauthorized or nonbusiness purpose without prior
254	254	approval from the employer, theft of currency of any value, felonious conduct
255	255	connected with an employee's employment with his or her employer, or intentional
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281	281	SECTION 5
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283	283	or negligent conduct by an employee that causes the destruction of an employer's
284	284	records or substantial damage to his or her an employer's property.
285	285	SECTION 6. 108.04 (5) (e) (intro.) of the statutes is created to read:
286	286	108.04 (5) (e) (intro.) Any of the following:
287	287	SECTION 7. 108.04 (5) (e) of the statutes is renumbered 108.04 (5) (e) 1. and
288	288	amended to read:
289	289	108.04 (5) (e) 1. Absenteeism by an employee on more than 2 occasions within
290	290	the 120-day period before the date of the employee's termination, unless otherwise
291	291	specified by his or her employer if the employee does not provide to his or her
292	292	employer both notice and one or more valid reasons for the absenteeism. This
293	293	subdivision does not apply if the employer has a reasonable policy that covers
294	294	absenteeism described in subd. 2. in an employment manual of which the employee
295	295	has acknowledged receipt with his or her signature, or excessive tardiness by an
296	296	employee in violation of a policy of the employer that has been communicated to the
297	297	employee, if the employee does not provide to his or her employer both notice and one
298	298	or more valid reasons for the absenteeism or tardiness.
299	299	SECTION 8. 108.04 (5) (e) 2. of the statutes is created to read:
300	300	108.04 (5) (e) 2. A violation of an employer's reasonable policy that covers
301	301	employee absenteeism, tardiness, or both, and that results in an employee's
302	302	termination, if that termination is in accordance with that policy and the policy is
303	303	specified by the employer in an employment manual of which the employee has
304	304	acknowledged receipt with his or her signature.
305	305	SECTION 9. 108.04 (5) (h) of the statutes is created to read:
306	306	108.04 (5) (h) A violation by an employee of an employer's reasonable policy
307	307	that covers the use of social media and is substantially related to the employee's
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334	334	SECTION 9 ASSEMBLY BILL 147
335	335	employment, if the violation results in an employee's termination and if that
336	336	termination is in accordance with that policy and the policy is specified by the
337	337	employer in an employment manual of which the employee has acknowledged receipt
338	338	with his or her signature.
339	339	SECTION 10. 108.04 (15) (a) 1. of the statutes is amended to read:
340	340	108.04 (15) (a) 1. Use the information or materials provided under sub. (2) (a)
341	341	4. a. to assess a claimant's efforts, skills, and ability to find or obtain work and to
342	342	develop a list of potential opportunities for a claimant to obtain suitable work. A
343	343	claimant who otherwise satisfies the requirement under sub. (2) (a) 3. is not required
344	344	to apply for any specific positions on the list in order to satisfy that requirement.
345	345	SECTION 11. 108.14 (20) of the statutes is amended to read:
346	346	108.14 (20) The department shall conduct random audits on claimants for
347	347	benefits under this chapter to assess compliance with the work search requirements
348	348	under s. 108.04 (2) (a) 3. The department shall conduct the audits required under
349	349	this subsection at a level sufficient for the department to assess at least 50 percent
350	350	of all work search actions reported to have been performed by claimants.
351	351	SECTION 12.0Nonstatutory provisions.
352	352	(1) The department of workforce development shall submit a notice to the
353	353	legislative reference bureau for publication in the Wisconsin Administrative
354	354	Register when the department determines that the department has any rules in
355	355	place that are necessary to implement the renumbering and amendment of s. 108.04
356	356	(2) (a) 4. and the creation of s. 108.04 (2) (a) 4. c. by this act.
357	357	SECTION 13.0Initial applicability.
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383	383	SECTION 13
384	384	ASSEMBLY BILL 147
385	385	(1) The renumbering and amendment of s. 108.04 (2) (a) 4. and the creation of
386	386	s. 108.04 (2) (a) 4. c. first apply with respect to weeks of unemployment beginning on
387	387	the effective date of this subsection.
388	388	(2) The renumbering and amendment of s. 108.04 (5) (e), the amendment of s.
389	389	108.04 (5) (b), and the creation of s. 108.04 (5) (e) (intro.) and 2. and (h) first apply
390	390	with respect to determinations issued under s. 108.09 on the effective date of this
391	391	subsection.
392	392	SECTION 14.0Effective dates. This act takes effect on the Sunday after
393	393	publication, except as follows:
394	394	(1) The renumbering and amendment of s. 108.04 (2) (a) 4. and the creation of
395	395	s. 108.04 (2) (a) 4. c. and SECTION 13 (1) of this act take effect on the Sunday after the
396	396	notice under SECTION 12 (1) of this act is published in the Wisconsin Administrative
397	397	Register or on December 31, 2023, whichever occurs first.
398	398	(2) The renumbering and amendment of s. 108.04 (5) (e), the amendment of s.
399	399	108.04 (5) (b), and the creation of s. 108.04 (5) (e) (intro.) and 2. and (h) and SECTION
400	400	13 (2) of this act take effect on December 31, 2025, or on the first Sunday after the
401	401	180th day after publication, whichever occurs later.
402	402	(END)
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