Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB150 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 150
5	5	April 7, 2023 - Introduced by Representatives PETRYK, ALLEN, ARMSTRONG, BEHNKE,
6	6	BODDEN, BORN, BROOKS, DALLMAN, DITTRICH, DUCHOW, EDMING, GREEN,
7	7	GUNDRUM, MACCO, MAGNAFICI, MICHALSKI, MOSES, MURSAU, NEDWESKI,
8	8	O'CONNOR, OLDENBURG, PENTERMAN, PETERSEN, PLUMER, RETTINGER, SCHMIDT,
9	9	WICHGERS, WITTKE and PRONSCHINSKE, cosponsored by Senators QUINN and
10	10	FELZKOWSKI. Referred to Committee on Labor and Integrated Employment.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2. and 108.13
13	13	(4) (a) 4.; to consolidate, renumber and amend 108.04 (15) (a) (intro.) and
14	14	1.; to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd), 40.02 (22) (b) 3.,
15	15	40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3. c., 71.67 (7) (title), 105.01 (1)
16	16	(b) 1., 105.115 (2) (b), 105.115 (2) (c), 105.115 (3) (a) 1., 105.115 (4) (b) 1., 105.115
17	17	(4) (b) 3., 106.38 (3) (c) 3., 108.04 (2) (a) 3., 108.04 (12) (b), 108.133 (2) (a) (intro.),
18	18	108.133 (2) (am), 108.14 (1), 108.141 (1) (b) 3., 108.142 (1) (h) 3., 108.19 (1m),
19	19	111.39 (4) (c), 230.43 (4), 230.85 (3) (d) and 779.01 (2) (am); to repeal and
20	20	recreate chapter 108 (title); and to create 15.223 (2), 108.01 (2m), 108.013,
21	21	108.02 (21r), 108.04 (2) (a) 4. c., 108.04 (2) (a) 5., 108.04 (15) (a) 2. b., 108.04 (15)
22	22	(am) and (ao) and 108.14 (8o) of the statutes; relating to: various changes to
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35	35	ASSEMBLY BILL 150
36	36	the unemployment insurance law, federal Reemployment Services and
37	37	Eligibility Assessment grants, and granting rule-making authority.
38	38	Analysis by the Legislative Reference Bureau
39	39	This bill makes various changes in the unemployment insurance (UI) law,
40	40	which is administered by the Department of Workforce Development. Significant
41	41	changes include all of the following:
42	42	Program name change
43	43	The bill changes references in the statutes to “unemployment insurance” to
44	44	“reemployment assistance” and requires the program and its benefits to be known
45	45	as reemployment assistance. The bill also requires DWD to have a division known
46	46	as the Division of Reemployment Assistance and requires the reemployment
47	47	assistance law to be administered by that division.
48	48	General qualifying requirements
49	49	Under current law, a claimant for UI benefits is generally required to 1) register
50	50	for work, 2) be able to work and available for work, and 3) conduct a work search for
51	51	each week in order to remain eligible. A claimant is required to conduct at least four
52	52	work search actions each week, and DWD may require, by rule, that an individual
53	53	conduct more than four work search actions per week. Finally, if a claimant is
54	54	claiming benefits for a week other than an initial week, the claimant must provide
55	55	information or job application materials that are requested by DWD and participate
56	56	in a public employment office workshop or training program or in similar
57	57	reemployment services required by DWD.
58	58	The bill does the following:
59	59	1. Requires, for the third and subsequent weeks of a claimant's benefit year,
60	60	that at least two of the required weekly work search actions be direct contacts with
61	61	potential employers.
62	62	2. Requires a claimant who resides in this state, for each week other than an
63	63	initial week, to submit and keep posted on the DWD's job center website a current
64	64	resume.
65	65	3. Requires, when a claimant is claiming benefits with less than three weeks
66	66	of benefits left, that the claimant complete a reemployment counseling session.
67	67	Additionally, current law allows DWD to use information or job application
68	68	materials described above to assess a claimant's efforts, skills, and ability to find or
69	69	obtain work and to develop a list of potential opportunities for a claimant to obtain
70	70	suitable work. However, current law provides that a claimant who otherwise
71	71	satisfies the required weekly work search requirement is not required to apply for
72	72	any specific positions on the list of potential opportunities in order to satisfy the work
73	73	search requirement. The bill requires, instead of allows, DWD to provide this
74	74	assistance. The bill also repeals the language in current law providing that a
75	75	claimant who otherwise satisfies the weekly work search requirement is not required
76	76	to apply for specific positions provided by DWD and requires DWD to provide each
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82	82	claimant with at least four potential opportunities each week, one or more of which
83	83	may be opportunities with a temporary help company.
84	84	Finally, current law allows DWD to require a claimant to participate in a public
85	85	employment office workshop or training program. The bill provides that DWD must
86	86	require a claimant to participate in a public employment office workshop or training
87	87	program if the claimant is likely to exhaust regular UI benefits. DWD may also
88	88	require other claimants to participate in a public employment office workshop or
89	89	training program, but must prioritize claimants more likely to have difficulty
90	90	obtaining reemployment.
91	91	Drug testing
92	92	Current state law requires DWD to establish a program that is consistent with
93	93	federal law to test certain claimants who apply for UI benefits for the presence of
94	94	controlled substances. A claimant who tests positive for a controlled substance for
95	95	which the claimant does not have a prescription is ineligible for UI benefits until
96	96	certain requalification criteria are satisfied or unless he or she enrolls in a substance
97	97	abuse treatment program and undergoes a job skills assessment, and a claimant who
98	98	declines to submit to a test is simply ineligible for benefits until he or she requalifies.
99	99	Claimants who are required to undergo drug testing include individuals for whom
100	100	suitable work is only available in occupations for which drug testing is regularly
101	101	conducted in this state. However, current law provides that these provisions do not
102	102	apply until DWD promulgates rules to implement the requirements and those rules
103	103	take effect, including rules identifying occupations for which drug testing is
104	104	regularly conducted in this state.
105	105	The bill requires DWD to immediately promulgate the required rules.
106	106	Reemployment Services and Eligibility Assessment grants
107	107	Under federal law, the United States Department of Labor (USDOL) operates
108	108	the Reemployment Services and Eligibility Assessment (RESEA) program, whereby
109	109	grants are awarded to states to provide reemployment services to claimants.
110	110	Participation in the RESEA program is voluntary and requires that a state submit
111	111	a state plan to USDOL that outlines how the state intends to conduct a program of
112	112	reemployment services and eligibility assessments.
113	113	The bill requires that DWD act to continue to participate in the RESEA
114	114	program and requires DWD to provide certain RESEA services to all UI claimants.
115	115	For further information see the state and local fiscal estimate, which will be
116	116	printed as an appendix to this bill.
117	117	The people of the state of Wisconsin, represented in senate and assembly, do
118	118	enact as follows:
119	119	SECTION 1. 15.223 (2) of the statutes is created to read:1 - 4 -2023 - 2024 Legislature LRB-2694/1
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121	121	SECTION 1 ASSEMBLY BILL 150
122	122	15.223 (2) DIVISION OF REEMPLOYMENT ASSISTANCE. There is created in the
123	123	department of workforce development a division of reemployment assistance.
124	124	SECTION 2. 20.445 (1) (aL) of the statutes is amended to read:
125	125	20.445 (1) (aL) Unemployment insurance Reemployment assistance
126	126	administration; controlled substances testing and substance abuse treatment.
127	127	Biennially, the amounts in the schedule for conducting screenings of applicants,
128	128	testing applicants for controlled substances, the provision of substance abuse
129	129	treatment to applicants and claimants, and related expenses under s. 108.133.
130	130	Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each
131	131	odd-numbered year shall be transferred to the unemployment reemployment
132	132	assistance program integrity fund.
133	133	SECTION 3. 20.445 (1) (gd) of the statutes is amended to read:
134	134	20.445 (1) (gd) Unemployment Reemployment assistance; interest and penalty
135	135	payments. All moneys received as interest and penalties collected under ss. 108.04
136	136	(11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under
137	137	s. 108.19 (1q), and forfeitures under s. 103.05 (5), all moneys not appropriated under
138	138	par. (gg) and all moneys transferred to this appropriation account from the
139	139	appropriation account under par. (gh) for the payment of benefits specified in s.
140	140	108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest
141	141	to employers under s. 108.17 (3m), for research relating to the condition of the
142	142	unemployment reserve fund under s. 108.14 (6), for administration of the
143	143	unemployment insurance reemployment assistance program and federal or state
144	144	unemployment insurance reemployment assistance programs authorized by the
145	145	governor under s. 16.54, for satisfaction of any federal audit exception concerning a
146	146	payment from the unemployment reserve fund or any federal aid disallowance
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174	174	SECTION 3
175	175	ASSEMBLY BILL 150
176	176	concerning the unemployment insurance reemployment assistance program, for
177	177	assistance to the department of justice in the enforcement of ch. 108, for the payment
178	178	of interest due on advances from the federal unemployment account under title XII
179	179	of the social security act to the unemployment reserve fund, and for payments made
180	180	to the unemployment reserve fund to obtain a lower interest rate or deferral of
181	181	interest payments on these advances, except as otherwise provided in s. 108.20.
182	182	SECTION 4. 20.445 (1) (nd) of the statutes is amended to read:
183	183	20.445 (1) (nd) Unemployment Reemployment assistance administration;
184	184	apprenticeship and other employment services. From the moneys received from the
185	185	federal government under section 903 (d) of the federal Social Security Act, as
186	186	amended, the amounts in the schedule, as authorized by the governor under s. 16.54,
187	187	to be used for administration by the department of apprenticeship programs under
188	188	subch. I of ch. 106 and for administration and service delivery of employment and
189	189	workforce information services, including the delivery of reemployment assistance
190	190	services to unemployment insurance reemployment assistance claimants. All
191	191	moneys transferred from par. (n) for this purpose shall be credited to this
192	192	appropriation account. No moneys may be expended from this appropriation unless
193	193	the treasurer of the unemployment reserve fund determines that such expenditure
194	194	is currently needed for the purposes specified in this paragraph.
195	195	SECTION 5. 40.02 (22) (b) 3. of the statutes is amended to read:
196	196	40.02 (22) (b) 3. Unemployment insurance or reemployment assistance
197	197	benefits.
198	198	SECTION 6. 40.65 (5) (b) 2. of the statutes is amended to read:
199	199	40.65 (5) (b) 2. Any unemployment insurance or reemployment assistance
200	200	benefit payable to the participant because of his or her work record.
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227	227	SECTION 7 ASSEMBLY BILL 150
228	228	SECTION 7. 49.147 (3) (ac) 2. of the statutes is amended to read:
229	229	49.147 (3) (ac) 2. State and federal unemployment reemployment assistance
230	230	contributions or federal unemployment taxes.
231	231	SECTION 8. 49.163 (3) (a) 3. c. of the statutes is amended to read:
232	232	49.163 (3) (a) 3. c. State reemployment assistance contributions and federal
233	233	unemployment insurance contributions or taxes, if any.
234	234	SECTION 9. 71.67 (7) (title) of the statutes is amended to read:
235	235	71.67 (7) (title) WITHHOLDING FROM UNEMPLOYMENT COMPENSATION INSURANCE
236	236	REEMPLOYMENT ASSISTANCE.
237	237	SECTION 10. 105.01 (1) (b) 1. of the statutes is amended to read:
238	238	105.01 (1) (b) 1. The person employing the individuals in addition to wages or
239	239	salaries pays federal social security taxes, state reemployment assistance
240	240	contributions, and federal unemployment contributions or taxes, carries worker's
241	241	compensation insurance as required by state law, and maintains liability insurance
242	242	covering the acts of its employees while rendering services to, for or under the
243	243	direction of a 3rd person; and
244	244	SECTION 11. 105.115 (2) (b) of the statutes is amended to read:
245	245	105.115 (2) (b) A statement of the employment status of the home care worker,
246	246	specifically, whether the home care worker is an employee of the home care
247	247	placement agency or of the home care consumer or is an independent contractor and
248	248	a statement identifying which party is responsible for paying the wages or salary of
249	249	the home care worker, paying federal social security taxes and state reemployment
250	250	assistance contributions and federal unemployment contributions or taxes with
251	251	respect to the home care worker, and procuring worker's compensation or liability
252	252	insurance covering injury to the home care worker.
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280	280	SECTION 12
281	281	ASSEMBLY BILL 150
282	282	SECTION 12. 105.115 (2) (c) of the statutes is amended to read:
283	283	105.115 (2) (c) A statement that, notwithstanding the employment status of the
284	284	home care worker specified in the notice, the home care consumer may be determined
285	285	to be the employer of the home care worker for purposes of certain state and federal
286	286	labor laws and that, if that is the case, the home care consumer may be held
287	287	responsible for paying the wages or salary of the home care worker, paying federal
288	288	social security taxes and state reemployment assistance contributions and federal
289	289	unemployment contributions or taxes with respect to the home care worker,
290	290	procuring worker's compensation or liability insurance covering injury to the home
291	291	care worker, and complying with various other state and federal labor laws.
292	292	SECTION 13. 105.115 (3) (a) 1. of the statutes is amended to read:
293	293	105.115 (3) (a) 1. A statement identifying which party is responsible for paying
294	294	the wages or salary of the home care worker, paying federal social security taxes and
295	295	state reemployment assistance contributions and federal unemployment
296	296	contributions or taxes with respect to the home care worker, and procuring worker's
297	297	compensation or liability insurance covering injury to the home care worker.
298	298	SECTION 14. 105.115 (4) (b) 1. of the statutes is amended to read:
299	299	105.115 (4) (b) 1. If the department finds that a home care placement agency
300	300	has failed to provide a home care consumer with the notice required under sub. (2)
301	301	and that the home care consumer is liable for the payment of federal social security
302	302	taxes or state reemployment assistance contributions or federal unemployment
303	303	contributions or taxes with respect to the home care worker, for the provision of
304	304	worker's compensation or liability insurance covering injury to the home care
305	305	worker, for the payment of any fine or penalty imposed on the home care consumer
306	306	for noncompliance with any state or federal labor law with respect to the home care
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333	333	SECTION 14 ASSEMBLY BILL 150
334	334	worker, or for any injury to the home care worker, the department may recover from
335	335	the home care placement agency, on behalf of the home care consumer, an amount
336	336	equal to the total cost of those liabilities.
337	337	SECTION 15. 105.115 (4) (b) 3. of the statutes is amended to read:
338	338	105.115 (4) (b) 3. In the case of a home care consumer who commences an action
339	339	in circuit court under par. (a), if the circuit court finds that the home care placement
340	340	agency has failed to provide the home care consumer with the notice required under
341	341	sub. (2) and that the home care consumer is liable for the payment of federal social
342	342	security taxes or state reemployment assistance contributions or federal
343	343	unemployment contributions or taxes with respect to the home care worker, for the
344	344	provision of worker's compensation or liability insurance covering injury to the home
345	345	care worker, for the payment of any fine or penalty imposed on the home care
346	346	consumer for noncompliance with any state or federal labor law with respect to the
347	347	home care worker, or for any injury to the home care worker, the court may order the
348	348	home care placement agency to pay to the home care consumer an amount equal to
349	349	the total cost of those liabilities, together with costs under ch. 814 and,
350	350	notwithstanding s. 814.04 (1), reasonable attorney fees.
351	351	SECTION 16. 106.38 (3) (c) 3. of the statutes is amended to read:
352	352	106.38 (3) (c) 3. State reemployment assistance contributions and federal
353	353	unemployment insurance contributions or taxes, if any.
354	354	SECTION 17. Chapter 108 (title) of the statutes is repealed and recreated to
355	355	read:
356	356	CHAPTER 108
357	357	REEMPLOYMENT ASSIST ANCE
358	358	SECTION 18. 108.01 (2m) of the statutes is created to read:
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386	386	SECTION 18
387	387	ASSEMBLY BILL 150
388	388	108.01 (2m) The federal Social Security Act requires that, in order for an
389	389	individual to be eligible for reemployment assistance benefits, the individual must
390	390	be able to work, available to work, and actively seeking work. The reemployment
391	391	assistance program in Wisconsin should enact and focus on policies that complement
392	392	individuals' efforts to find employment.
393	393	SECTION 19. 108.013 of the statutes is created to read:
394	394	108.013 Name of program. The program established under this chapter and
395	395	administered by the department shall be referred to as the “Reemployment
396	396	Assistance Program,” and the benefits available under this chapter shall be referred
397	397	to as “reemployment assistance benefits.”
398	398	SECTION 20. 108.02 (21r) of the statutes is created to read:
399	399	108.02 (21r) REEMPLOYMENT ASSISTANCE. “Reemployment assistance,” when
400	400	used in reference to the law of another state or jurisdiction or the federal government,
401	401	includes an unemployment insurance law of that state or jurisdiction or the federal
402	402	government.
403	403	SECTION 21. 108.04 (2) (a) 3. of the statutes is amended to read:
404	404	108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work
405	405	during that week and provides verification of that search to the department. The
406	406	search for suitable work must include at least 4 actions per week that constitute a
407	407	reasonable search as prescribed by rule of the department. The department shall
408	408	require, for the 3rd or subsequent week of the claimant's benefit year, that at least
409	409	2 actions per week be direct contacts with potential employing units, as prescribed
410	410	by rule of the department. In addition, the department may, by rule, require a
411	411	claimant to take more than 4 reasonable work search actions in any week. The
412	412	department shall require a uniform number of reasonable work search actions for
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439	439	SECTION 21 ASSEMBLY BILL 150
440	440	similar types of claimants. The department may require a claimant to apply for one
441	441	or more of the potential opportunities provided to the claimant under sub. (15) (a) 1.
442	442	and may refer a claimant to opportunities with a temporary help company as part
443	443	of the required search for suitable work under this subdivision.
444	444	SECTION 22. 108.04 (2) (a) 4. of the statutes is renumbered 108.04 (2) (a) 4.
445	445	(intro.) and amended to read:
446	446	108.04 (2) (a) 4. (intro.) If the claimant is claiming benefits for a week other
447	447	than an initial week, the claimant provides does all of the following:
448	448	a. Provides information or job application materials that are requested by the
449	449	department and participates.
450	450	b. Participates in a public employment office workshop or training program or
451	451	in similar reemployment services that are required by the department under sub.
452	452	(15) (a) 2.
453	453	SECTION 23. 108.04 (2) (a) 4. c. of the statutes is created to read:
454	454	108.04 (2) (a) 4. c. Submits and keeps posted on the department's job center
455	455	website a current resume, if the claimant resides in this state.
456	456	SECTION 24. 108.04 (2) (a) 5. of the statutes is created to read:
457	457	108.04 (2) (a) 5. The claimant completes any reemployment counseling session
458	458	required of the claimant under sub. (15) (ao) 1.
459	459	SECTION 25. 108.04 (12) (b) of the statutes is amended to read:
460	460	108.04 (12) (b) Any individual who receives, through the department, any other
461	461	type of unemployment or reemployment assistance benefit or allowance for a given
462	462	week is ineligible for benefits for that same week under this chapter, except as
463	463	specifically required for conformity with 19 USC 2101 to 2497b.
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490	490	SECTION 26
491	491	ASSEMBLY BILL 150
492	492	SECTION 26. 108.04 (15) (a) (intro.) and 1. of the statutes are consolidated,
493	493	renumbered 108.04 (15) (a) 1. and amended to read:
494	494	108.04 (15) (a) 1. Except as provided in par. (b), the department may do any of
495	495	the following shall, for the purpose of assisting claimants to find or obtain work: 1.
496	496	Use, use the information or, materials, and resume provided under sub. (2) (a) 4. to
497	497	assess a claimant's efforts, skills, and ability to find or obtain work and to develop
498	498	a list of potential opportunities for a the claimant to obtain suitable work. A
499	499	claimant who otherwise satisfies the requirement under sub. (2) (a) 3. is not required
500	500	to apply for any specific positions on the list in order to satisfy that requirement The
501	501	department shall provide each claimant, prior to the claimant filing a weekly claim
502	502	for benefits, with at least 4 such potential opportunities each week, one or more of
503	503	which may be opportunities with a temporary help company.
504	504	SECTION 27. 108.04 (15) (a) 2. of the statutes is renumbered 108.04 (15) (a) 2.
505	505	a. and amended to read:
506	506	108.04 (15) (a) 2. a. Require Except as provided in par. (b), the department shall
507	507	require a claimant whom the department identifies as likely to exhaust regular
508	508	benefits to participate in a public employment office workshop or training program
509	509	or in similar reemployment services that do not charge the claimant a participation
510	510	fee and that offer instruction to improve the claimant's ability to obtain suitable
511	511	work.
512	512	SECTION 28. 108.04 (15) (a) 2. b. of the statutes is created to read:
513	513	108.04 (15) (a) 2. b. Except as provided in par. (b), in addition to the claimants
514	514	described in subd. 2. a., the department may require other claimants to participate
515	515	in the reemployment services described in subd. 2. a., but the department shall
516	516	prioritize claimants who are more likely to have difficulty obtaining reemployment.
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542	542	MED:skw
543	543	SECTION 29 ASSEMBLY BILL 150
544	544	SECTION 29. 108.04 (15) (am) and (ao) of the statutes are created to read:
545	545	108.04 (15) (am) In carrying out this state's program of reemployment services
546	546	and eligibility assessments using grant funds awarded under 42 USC 506, the
547	547	department shall, except as provided in par. (b), provide reemployment services to
548	548	all claimants receiving benefits, including benefits under ss. 108.141 and 108.142,
549	549	including by doing all of the following for each such claimant:
550	550	1. Requiring the claimant to complete an online assessment aimed at
551	551	identifying the claimant's skills, abilities, and career aptitude.
552	552	2. Coordinating with the claimant to develop an individualized employment
553	553	plan for the claimant.
554	554	3. Requiring the claimant to participate in the services described under par. (a)
555	555	2. a. as needed pursuant to the individualized employment plan described in subd.
556	556	2.
557	557	(ao) Except as provided in par. (b), the department shall, when a claimant's
558	558	remaining benefit entitlement under s. 108.06 (1) is 3 or less times the claimant's
559	559	weekly benefit rate under s. 108.05 (1), do all of the following:
560	560	1. Require the claimant to participate in a live, one-on-one reemployment
561	561	counseling session between the claimant and an employee of the department.
562	562	2. Provide the claimant information about services and benefits that are
563	563	available to the claimant pursuant to the federal Workforce Innovation and
564	564	Opportunity Act of 2014, 29 USC 3101 to 3361, once the claimant exhausts his or her
565	565	benefit entitlement.
566	566	SECTION 30. 108.13 (4) (a) 4. of the statutes is renumbered 108.13 (4) (a) 2m.
567	567	and amended to read:
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592	592	LRB-2694/1
593	593	MED:skw
594	594	SECTION 30
595	595	ASSEMBLY BILL 150
596	596	108.13 (4) (a) 2m. “Unemployment insurance" “Reemployment assistance”
597	597	means any compensation payable under this chapter, including amounts payable by
598	598	the department pursuant to an agreement under any federal law providing for
599	599	compensation, assistance or allowances with respect to unemployment.
600	600	SECTION 31. 108.133 (2) (a) (intro.) of the statutes is amended to read:
601	601	108.133 (2) (a) (intro.) Promulgate Immediately promulgate rules to establish
602	602	the program. The department shall do all of the following in the rules promulgated
603	603	under this paragraph:
604	604	SECTION 32. 108.133 (2) (am) of the statutes is amended to read:
605	605	108.133 (2) (am) Promulgate Immediately promulgate rules identifying
606	606	occupations for which drug testing is regularly conducted in this state. The
607	607	department shall notify the U.S. department of labor of any rules promulgated under
608	608	this paragraph.
609	609	SECTION 33. 108.14 (1) of the statutes is amended to read:
610	610	108.14 (1) This chapter shall be administered by the department through its
611	611	division of reemployment assistance.
612	612	SECTION 34. 108.14 (8o) of the statutes is created to read:
613	613	108.14 (8o) The department shall act to continue to receive grants for
614	614	reemployment services and eligibility assessments under 42 USC 506.
615	615	SECTION 35. 108.141 (1) (b) 3. of the statutes is amended to read:
616	616	108.141 (1) (b) 3. Has no right to unemployment reemployment assistance
617	617	benefits or allowances, as the case may be, under the railroad unemployment
618	618	insurance act or such other federal laws as are specified in regulations issued by the
619	619	U.S. secretary of labor, and has not received and is not seeking unemployment
620	620	reemployment assistance benefits under the unemployment insurance
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646	646	MED:skw
647	647	SECTION 35 ASSEMBLY BILL 150
648	648	reemployment assistance law of Canada, but if the individual is seeking such
649	649	benefits and the appropriate agency finally determines that he or she is not entitled
650	650	to benefits under such law he or she is an exhaustee.
651	651	SECTION 36. 108.142 (1) (h) 3. of the statutes is amended to read:
652	652	108.142 (1) (h) 3. Has no right to unemployment reemployment assistance
653	653	benefits or allowances under the railroad unemployment insurance act or such other
654	654	federal laws as are specified in regulations issued by the U.S. secretary of labor, and
655	655	has not received and is not seeking unemployment reemployment assistance
656	656	benefits under the unemployment insurance reemployment assistance law of
657	657	Canada, but if the individual is seeking such benefits and the appropriate agency
658	658	finally determines that he or she is not entitled to benefits under that law, the
659	659	individual is an “exhaustee".
660	660	SECTION 37. 108.19 (1m) of the statutes is amended to read:
661	661	108.19 (1m) Each employer subject to this chapter as of the date a rate is
662	662	established under this subsection shall pay an assessment to the unemployment
663	663	reemployment assistance interest payment fund at a rate established by the
664	664	department sufficient to pay interest due on advances from the federal
665	665	unemployment account under Title XII of the federal social security act, 42 USC 1321
666	666	to 1324. The rate established by the department for employers who finance benefits
667	667	under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate
668	668	established for other employers. The amount of any employer's assessment shall be
669	669	the product of the rate established for that employer multiplied by the employer's
670	670	payroll of the previous calendar year as taken from quarterly employment and wage
671	671	reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of
672	672	such reports, estimates made by the department. Each assessment made under this
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697	697	25 - 15 -2023 - 2024 Legislature
698	698	LRB-2694/1
699	699	MED:skw
700	700	SECTION 37
701	701	ASSEMBLY BILL 150
702	702	subsection is due within 30 days after the date the department issues the
703	703	assessment. If the amounts collected from employers under this subsection exceed
704	704	the amounts needed to pay interest due, the department shall use any excess to pay
705	705	interest owed in subsequent years on advances from the federal unemployment
706	706	account. If the department determines that additional interest obligations are
707	707	unlikely, the department shall transfer the excess to the balancing account of the
708	708	fund, the unemployment reemployment assistance program integrity fund, or both
709	709	in amounts determined by the department.
710	710	SECTION 38. 111.39 (4) (c) of the statutes is amended to read:
711	711	111.39 (4) (c) If, after hearing, the examiner finds that the respondent has
712	712	engaged in discrimination, unfair honesty testing or unfair genetic testing, the
713	713	examiner shall make written findings and order such action by the respondent as
714	714	will effectuate the purpose of this subchapter, with or without back pay. If the
715	715	examiner awards any payment to an employee because of a violation of s. 111.321 by
716	716	an individual employed by the employer, under s. 111.32 (6), the employer of that
717	717	individual is liable for the payment. If the examiner finds a respondent violated s.
718	718	111.322 (2m), the examiner shall award compensation in lieu of reinstatement if
719	719	requested by all parties and may award compensation in lieu of reinstatement if
720	720	requested by any party. Compensation in lieu of reinstatement for a violation of s.
721	721	111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly
722	722	wage of the person discriminated against when the violation occurred. Back pay
723	723	liability may not accrue from a date more than 2 years prior to the filing of a
724	724	complaint with the department. Interim earnings or amounts earnable with
725	725	reasonable diligence by the person discriminated against or subjected to unfair
726	726	honesty testing or unfair genetic testing shall operate to reduce back pay otherwise
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752	752	MED:skw
753	753	SECTION 38 ASSEMBLY BILL 150
754	754	allowable. Amounts received by the person discriminated against or subject to the
755	755	unfair honesty testing or unfair genetic testing as unemployment reemployment
756	756	assistance benefits or welfare payments shall not reduce the back pay otherwise
757	757	allowable, but shall be withheld from the person discriminated against or subject to
758	758	unfair honesty testing or unfair genetic testing and immediately paid to the
759	759	unemployment reserve fund or, in the case of a welfare payment, to the welfare
760	760	agency making the payment.
761	761	SECTION 39. 230.43 (4) of the statutes is amended to read:
762	762	230.43 (4) RIGHTS OF EMPLOYEE. If an employee has been removed, demoted or
763	763	reclassified, from or in any position or employment in contravention or violation of
764	764	this subchapter, and has been restored to such position or employment by order of
765	765	the commission or any court upon review, the employee shall be entitled to
766	766	compensation therefor from the date of such unlawful removal, demotion or
767	767	reclassification at the rate to which he or she would have been entitled by law but
768	768	for such unlawful removal, demotion or reclassification. Interim earnings or
769	769	amounts earnable with reasonable diligence by the employee shall operate to reduce
770	770	back pay otherwise allowable. Amounts received by the employee as unemployment
771	771	reemployment assistance benefits or welfare payments shall not reduce the back pay
772	772	otherwise allowable, but shall be withheld from the employee and immediately paid
773	773	to the unemployment reserve fund or, in the case of a welfare payment, to the welfare
774	774	agency making such payment. The employee shall be entitled to an order of
775	775	mandamus to enforce the payment or other provisions of such order.
776	776	SECTION 40. 230.85 (3) (d) of the statutes is amended to read:
777	777	230.85 (3) (d) Interim earnings or amounts earnable with reasonable diligence
778	778	by the person subjected to the retaliatory action or threat shall reduce back pay
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803	803	25 - 17 -2023 - 2024 Legislature
804	804	LRB-2694/1
805	805	MED:skw
806	806	SECTION 40
807	807	ASSEMBLY BILL 150
808	808	otherwise allowable. Amounts received by the person subjected to the retaliatory
809	809	action or threat as unemployment reemployment assistance benefits or welfare
810	810	payments do not reduce the back pay otherwise allowable, but shall be withheld from
811	811	the person subjected to the retaliatory action or threat and immediately paid to the
812	812	unemployment reserve fund or to the welfare agency making the payment.
813	813	SECTION 41. 779.01 (2) (am) of the statutes is amended to read:
814	814	779.01 (2) (am) “Labor" includes any wages and related contributions for state
815	815	employment taxes, worker's compensation and unemployment compensation
816	816	insurance reemployment assistance, and other fringe benefits.
817	817	SECTION 42.0Terminology changes.
818	818	(1) UNEMPLOYMENT INSURANCE; TERMINOLOGY CHANGES.
819	819	(a) Wherever “unemployment insurance" appears in the following, as affected
820	820	by the acts of 2023, “reemployment assistance" is substituted: ss. 6.10 (9), 13.63 (1)
821	821	(b), 15.227 (3), 16.48 (1) (intro.), (am), (bm), and (f) and (3), 19.85 (1) (ee), 20.002 (11)
822	822	(a), 20.445 (1) (gm), (n), and (ne), 29.024 (2r) (title) and (d) 1., 46.272 (7) (e), 47.035
823	823	(1), 48.715 (7), 49.163 (2) (am) 5., 49.19 (4) (dm) 4., 50.498 (title) and (4) (b), 51.032
824	824	(title) and (4), 59.40 (2) (e), 59.57 (2) (b), 66.1103 (1) (a), 71.01 (10) (b), 71.05 (6) (b)
825	825	47m., 71.26 (1) (h), 71.45 (1) (c), 71.52 (6), 71.67 (7) (a) and (b) 2., 71.80 (16) (a) and
826	826	(b), 73.0301 (2) (c) 2., 73.09 (8), 93.135 (title) and (4), 101.654 (2) (c), 102.17 (1) (c) 2.,
827	827	102.28 (7) (b) 2., 102.315 (2m) (d), 103.34 (10) (title), 103.92 (3) and (8) (title), 105.13
828	828	(1), 108.02 (15) (c) 1., (dm) 1., (e), (i) 2., and (k) 9., 10., and 19. b., (21) (a) 2. and (b),
829	829	and (21e) (e), 108.04 (2) (ae), (4) (c), (5) (intro.), (5g) (a) (intro.), (7) (a) and (L) (intro.),
830	830	(8) (a) and (c), (11) (g) 2. d., (12) (c) and (d), and (13) (g) 2., 108.06 (5) (a), 108.065 (3),
831	831	108.068 (6), 108.07 (3m) and (5m), 108.13 (2) and (4) (b), (c) (intro.), (e), and (f),
832	832	108.135 (1) (intro.) and (a), 108.14 (5) (a), (ag), and (ar), (6), (7) (a), (8) (a), (8m) (a),
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858	858	MED:skw
859	859	SECTION 42 ASSEMBLY BILL 150
860	860	(8n) (a) and (b), (8s) (a) and (b), (8t), (9), (13), (14), (18), (19), (23) (b) 1., and (24),
861	861	108.141 (1) (h) and (3g) (a) 2., (c), and (d), 108.142 (1) (i), 108.155 (6), 108.16 (5) (b),
862	862	108.161 (3) and (3e), 108.162 (1), 108.19 (1e) (d), (1f) (b), and (4), 108.20 (2m), 108.227
863	863	(title) and (2) (c) 2., 115.31 (6m), 116.03 (4), 118.19 (1m) (b), 120.25 (2) (a) and (6),
864	864	138.09 (3) (am) 2. and (4) (c), 138.12 (4) (b) 5m. and (5) (am) 1. b. and 3., 138.14 (5)
865	865	(b) 2m. and (9) (cm), 146.40 (4d) (d), 165.066 (title), 169.35 (title) and (3), 170.12 (8)
866	866	(b) 1. bm. and 4., 175.46 (5) (a), 202.021 (4) (a) 6., 202.06 (2) (g), 202.23 (2), 217.06
867	867	(5m), 217.09 (1t), 218.0116 (1g) (b) and (1m) (a) 2m. and (d), 218.02 (3) (dm), (6) (d),
868	868	and (9) (a) 1m., 218.04 (4) (am) 2m. and (5) (at), 218.05 (4) (c) 2m., (11) (bm), and (12)
869	869	(at), 218.11 (6m) (c), 218.12 (3m) (c), 218.22 (3m) (c), 218.32 (3m) (c), 218.41 (3m) (b)
870	870	3., 218.51 (4m) (b) 3., 224.44 (title), 224.72 (7m) (bm), 224.725 (6) (bm), 224.77 (2m)
871	871	(e), 224.95 (1) (bm), 230.26 (4), 238.31 (1) (e) 4. c., 238.397 (2) (a) 4. c., 254.115 (title)
872	872	and (5), 254.176 (5), 254.20 (7), 256.18 (title) and (4m), 299.07 (title) and (3), 303.08
873	873	(3), (4), and (5) (intro.), 341.51 (4m) (c), 343.305 (6) (e) 6., 343.66 (3m), 440.12 (title)
874	874	and (2), 463.14 (title) and (5), 551.412 (4g) (a) 2m. and (d), 562.05 (5) (a) 11. and (8)
875	875	(f), 563.285 (title) and (1m), 628.097 (title) and (2m), 628.10 (2) (cm), 628.93 (2) (title),
876	876	632.69 (2) (d) 2. and (4) (d), 633.14 (2m) (b), 633.15 (2) (d), 751.155 (title) and (3),
877	877	815.18 (13) (j), 859.02 (2) (a), and 949.06 (3) (b).
878	878	(b) Wherever “unemployment compensation" appears in the following, as
879	879	affected by the acts of 2023, “reemployment assistance" is substituted: ss. 49.45 (23b)
880	880	(a) 2. f., 71.07 (6n) (c) 3., 71.28 (6n) (c) 3., 71.47 (6n) (c) 3., 108.04 (13) (g) 1. b., 108.11
881	881	(2), 701.0508 (1) (b) 1., 756.04 (2) (c) 4., and 767.75 (3m) (title).
882	882	(c) Wherever “unemployment" appears in the following, as affected by the acts
883	883	of 2023, “reemployment assistance" is substituted: ss. 20.427 (1) (k) (title), 20.445 (1)
884	884	(gc) (title), (gg) (title), (gh) (title), (nb) (title), (u), and (v), 25.17 (1) (xe) and (xf), 108.04
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909	909	25 - 19 -2023 - 2024 Legislature
910	910	LRB-2694/1
911	911	MED:skw
912	912	SECTION 42
913	913	ASSEMBLY BILL 150
914	914	(2) (bb) 5., 108.16 (6) (i) and (m) and (6m) (b), 108.19 (title), (1f) (a), (1q), and (1s) (a)
915	915	(intro.) and 2. and (b), 108.221 (3), 108.225 (4) (b), and 111.15.
916	916	SECTION 43.0Nonstatutory provisions.
917	917	(1) The department of workforce development shall submit a notice to the
918	918	legislative reference bureau for publication in the Wisconsin Administrative
919	919	Register when the department determines that the department has any rules in
920	920	place that are necessary to implement the treatment of s. 108.04 (2) (a) 3. by this act.
921	921	SECTION 44.0Initial applicability.
922	922	(1) The treatment of s. 108.04 (2) (a) 3. first applies with respect to weeks of
923	923	unemployment beginning on the effective date of this subsection.
924	924	(2) The renumbering and amendment of s. 108.04 (2) (a) 4. and (15) (a) 2., the
925	925	consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.) and 1., and
926	926	the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), and (ao) first apply
927	927	with respect to weeks of unemployment beginning on the effective date of this
928	928	subsection.
929	929	SECTION 45.0Effective dates. This act takes effect on July 2, 2024, except as
930	930	follows:
931	931	(1) The treatment of s. 108.04 (2) (a) 3. and SECTION 44 (1) of this act take effect
932	932	on the Sunday after the notice under SECTION 43 (1) of this act is published in the
933	933	Wisconsin Administrative Register or on December 31, 2023, whichever occurs first.
934	934	(2) The treatment of ss. 108.01 (2m), 108.133 (2) (a) (intro.) and (am), and
935	935	108.14 (8o) and (30), the renumbering and amendment of s. 108.04 (2) (a) 4. and (15)
936	936	(a) 2., the consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.)
937	937	and 1., and the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), and (ao)
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962	962	MED:skw
963	963	SECTION 45 ASSEMBLY BILL 150
964	964	and SECTIONS 43 (1) and 44 (2) of this act take effect on the first Sunday after
965	965	publication.
966	966	(END)
967	967	1
968	968	2
969	969	3