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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 149
April 7, 2023 - Introduced by Representatives PLUMER, MOSES, PENTERMAN,
BEHNKE, BINSFELD, BODDEN, BRANDTJEN, BROOKS, DALLMAN, DITTRICH,
DONOVAN, EDMING, GREEN, GUNDRUM, GUSTAFSON, KNODL, MAGNAFICI, MURPHY,
NEDWESKI, O'CONNOR, PETERSEN, PETRYK, RETTINGER, ROZAR, SCHMIDT, SNYDER
and SORTWELL, cosponsored by Senators T OMCZYK, CABRAL-GUEVARA,
FELZKOWSKI, MARKLEIN, NASS and STROEBEL. Referred to Committee on
Workforce Development and Economic Opportunities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 108.04 (2) (ae); to renumber and amend 108.14 (19); to
amend 108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm), 108.14 (21) and
108.22 (8) (a); and to create 108.04 (1) (hg), 108.04 (2) (ae) 1., 108.04 (2) (hL),
108.14 (19) (b) and 108.14 (28) of the statutes; relating to: various changes to
the unemployment insurance law.
Analysis by the Legislative Reference Bureau
This bill makes various changes regarding the unemployment insurance (UI)
law, which is administered by the Department of Workforce Development.
Suitable work; work search
Current law requires that, as a condition of being eligible for UI benefits for a
given week, a claimant must 1) be able to work and available for work; 2) register for
work in the manner prescribed by DWD; and 3) conduct a reasonable search for
suitable work. Separately, current law also makes a claimant ineligible for UI
benefits if a claimant fails, without good cause, to accept suitable work when offered.
The bill provides that an employer may report to DWD whenever 1) an
individual declines a job interview or job offer; 2) an individual fails to respond to a
job interview offer or job offer; 3) an individual fails to attend a scheduled job
interview without attempting to reschedule the job interview; 4) a UI claimant is
unavailable for, or unable to perform, work actually available within a given week;
or 5) under certain circumstances, the employer recalls a former employee receiving
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UI benefits who fails to return to work. The bill requires DWD to consider these
reports in determining claimants' attachment to the labor market. The bill also
provides that a UI claimant is not considered to have conducted a reasonable search
for suitable work in a given week, and is therefore ineligible for benefits for that
week, if the claimant had one or more credible reports without good cause of declining
a job interview, failing to respond to a job interview offer, or failing to attend a job
interview in that week. The bill, however, provides that the first such credible report
is to be disregarded and allows subsequent reports to be disregarded upon certain
showings by a claimant. The bill requires DWD to investigate each such report as
needed to determine its effect on claimants' eligibility for benefits.
The bill requires DWD to include information on reports submitted by
employers under the bill in its annual UI fraud report made to the Council on
Unemployment Insurance, including actions taken by DWD in response to the
reports and their effect on claimants' eligibility for benefits. In addition, the bill
requires that this annual fraud report be submitted to the appropriate standing
committees of the legislature.
The bill requires DWD to have in effect methods to address any circumstances
in which a claimant for UI benefits fails to return to work or to accept suitable work
without good cause or is unavailable for work or unable to work, including reporting
methods for employers and a notice from DWD to claimants about the laws governing
such circumstances.
Recovery of overpayments
Current law allows DWD to act to recover overpayments in certain
circumstances and allows overpayments to be required to be repaid in cases where
an individual makes misrepresentations to obtain benefits in the name of another
person. This bill makes such recoveries mandatory, instead of permissive.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 108.04 (1) (hg) of the statutes is created to read:
108.04 (1) (hg) 1. An employing unit may report to the department whenever
any of the following occurs:
a. An individual declines a job interview or job offer with the employing unit.
b. An individual fails to respond to a job interview offer or job offer made by the
employing unit.
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c. An individual fails to attend a scheduled job interview with the employing
unit, unless the individual attempts to reschedule the job interview.
d. An employee claiming benefits is unavailable for, or unable to perform, work
actually available within a given week as described in par. (a).
e. The employing unit recalls an employee who fails to return to work as
described in sub. (8) (c).
2. The department shall investigate each report submitted under subd. 1. as
needed to determine whether the report affects a claimant's eligibility under sub. (2)
(hL).
SECTION 2. 108.04 (2) (ae) of the statutes is renumbered 108.04 (2) (ae) 2.
SECTION 3. 108.04 (2) (ae) 1. of the statutes is created to read:
108.04 (2) (ae) 1. In determining whether a claimant is available for work
under par. (a) 1. and has maintained an attachment to the labor market, the
department shall consider reports made by employing units under sub. (1) (hg).
SECTION 4. 108.04 (2) (bm) of the statutes is amended to read:
108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
which there is a determination that the claimant failed to comply with the
registration for work and work search requirements under par. (a) 2. or 3. or failed
to provide verification to the department that the claimant complied with those
requirements, unless the department has waived those requirements under par. (b),
(bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant
for any such week, the department may shall act to recover the overpayment under
s. 108.22.
SECTION 5. 108.04 (2) (g) 2. of the statutes is amended to read:
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108.04 (2) (g) 2. If a claimant's security credentials are used in the filing of an
initial or continued claim for benefits or any other transaction, the individual using
the security credentials is presumed to have been the claimant or the claimant's
authorized agent. This presumption may be rebutted by a preponderance of evidence
showing that the claimant who created the security credentials or the claimant's
authorized agent was not the person who used the credentials in a given transaction.
If a claimant uses an agent to engage in any transaction with the department using
the claimant's security credentials, the claimant is responsible for the actions of the
agent. If a claimant who created security credentials or the claimant's authorized
agent divulges the credentials to another person, or fails to take adequate measures
to protect the credentials from being divulged to an unauthorized person, and the
department pays benefits to an unauthorized person because of the claimant's action
or inaction, the department may recover from the claimant the benefits that were
paid to the unauthorized person shall, in the same manner as provided for
overpayments to claimants under s. 108.22 or under s. 108.245, act to recover from
the claimant the benefits that were paid to the unauthorized person. If a claimant
who created security credentials or the claimant's authorized agent divulges the
credentials to another person, or fails to take adequate measures to protect the
credentials from being divulged to an unauthorized person, the department is not
obligated to pursue recovery of, or to reimburse the claimant for, benefits payable to
the claimant that were erroneously paid to another person.
SECTION 6. 108.04 (2) (hL) of the statutes is created to read:
108.04 (2) (hL) 1. Subject to subd. 2., if a claimant is subject to the requirement
under par. (a) 3. to conduct a reasonable search for suitable work for a given week
and the department received one or more credible reports in that week that the
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claimant declined or failed to respond to a job interview offer or failed to attend a
scheduled job interview, the claimant shall not be considered to have conducted a
reasonable search for suitable work in that week under par. (a) 3.
2. a. A claimant may demonstrate to the department that a report described
in subd. 1. was inaccurate, that an interview was for a job that the claimant was not
required to accept under sub. (8) (d) to (em), or that the claimant had other good cause
for the declination or failure reported. If the department so determines, the report
shall be disregarded for purposes of subd. 1.
b. The first credible report described in subd. 1. received during a claimant's
benefit year that is not otherwise disregarded under subd. 2. a. shall be disregarded
for purposes of subd. 1.
SECTION 7. 108.04 (11) (cm) of the statutes is amended to read:
108.04 (11) (cm) If any person makes a false statement or representation in
order to obtain benefits in the name of another person, the benefits received by that
person constitute a benefit overpayment. Such person may shall, by a determination
or decision issued under s. 108.095, be required to repay the amount of the benefits
obtained and be assessed an administrative assessment in an additional amount
equal to the amount of benefits obtained.
SECTION 8. 108.14 (19) of the statutes is renumbered 108.14 (19) (intro.) and
amended to read:
108.14 (19) (intro.) No later than March 15 annually, the department shall
prepare and furnish to the council on unemployment insurance and to the chief clerk
of each house of the legislature, for distribution to the appropriate standing
committees under s. 13.172 (3), a report summarizing the department's activities
related to detection and prosecution of unemployment insurance fraud in the
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preceding year. The department shall include all of the following in the report
information:
(a) Information about audits conducted by the department under sub. (20),
including the number and results of audits performed, in the previous year.
SECTION 9. 108.14 (19) (b) of the statutes is created to read:
108.14 (19) (b) Information on reports submitted by employing units under s.
108.04 (1) (hg) 1., including actions taken by the department in response to the
reports as required under s. 108.04 (1) (hg) 2. and their effect on claimants' eligibility
for benefits under s. 108.04 (2) (ae) 1. and (hL).
SECTION 10. 108.14 (21) of the statutes is amended to read:
108.14 (21) The department shall maintain a portal on the Internet that allows
employers employing units to log in and file with the department complaints related
to the administration of this chapter and reports under s. 108.04 (1) (hg).
SECTION 11. 108.14 (28) of the statutes is created to read:
108.14 (28) The department shall have in effect methods to address
circumstances in which an employee fails to return to work or to accept suitable work
without good cause as described in s. 108.04 (8) or in which the employee is
unavailable for work or unable to perform work under s. 108.04 (1) (a). The methods
shall include all of the following:
(a) Reporting methods, including a telephone line, an electronic mail address,
and an online portal, for an employing unit to notify the department when an
employee refuses an offer of work.
(b) A plain-language notice provided to employees by the department when
applying for benefits about the application of s. 108.04 (8) (a) to (c), including what
constitutes suitable work under s. 108.04 (8) (d) and (dm), and an employee's right
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to fail to accept suitable work for good cause under s. 108.04 (8) (em); about the
application of s. 108.04 (1) (a); and including information on contesting the denial of
a claim that has been denied due to a report by an employing unit that an employee
failed to return to work, failed to accept suitable work, or was unavailable for work
or unable to perform work.
SECTION 12. 108.22 (8) (a) of the statutes is amended to read:
108.22 (8) (a) If benefits are erroneously paid to an individual, the individual's
liability to reimburse the fund for the overpayment may shall be set forth in a
determination or decision issued under s. 108.09. Any determination which that
establishes or increases an overpayment shall include a finding concerning whether
waiver of benefit recovery is required under par. (c). If any decision of an appeal
tribunal, the commission or any court establishes or increases an overpayment and
the decision does not include a finding concerning whether waiver of benefit recovery
is required under par. (c), the tribunal, commission or court shall remand the issue
to the department for a determination.
SECTION 13.0Initial applicability.
(1) The renumbering of s. 108.04 (2) (ae) and the creation of s. 108.04 (2) (ae)
1. and (hL) first apply to weeks of unemployment beginning 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 treatment of s. 108.14 (28) takes effect on the first Sunday after the
180th day after publication.
(END)
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