Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB152 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 152
5	5	April 7, 2023 - Introduced by Representatives O'CONNOR, GUNDRUM, BROOKS,
6	6	ROZAR, PETRYK, SORTWELL, EDMING, BEHNKE, MOSES, NEDWESKI, PLUMER,
7	7	KNODL, MACCO, BRANDTJEN, PETERSEN, WICHGERS and GUSTAFSON, cosponsored
8	8	by Senators FEYEN, STROEBEL, NASS and FELZKOWSKI. Referred to Committee
9	9	on Workforce Development and Economic Opportunities.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 108.14 (10m), 108.14 (23m), 108.14 (29) and 108.14 (30) of the
12	12	statutes; relating to: various changes to the unemployment insurance law and
13	13	authorizing the secretary of administration to transfer employees from any
14	14	executive branch agency to the Department of Workforce Development for
15	15	certain purposes.
16	16	Analysis by the Legislative Reference Bureau
17	17	UNEMPLOYMENT INSURANCE
18	18	This bill makes various changes in the unemployment insurance (UI) law,
19	19	which is administered by the Department of Workforce Development. Significant
20	20	changes include all of the following:
21	21	Identity proofing
22	22	The bill requires DWD to implement identity-proofing measures for UI
23	23	claimants who are engaging in benefit-related transactions with DWD that 1)
24	24	require a claimant to verify his or her identity prior to filing an initial claim for
25	25	benefits and when engaging in other transactions with DWD, and 2) achieve the
26	26	IAL2 and AAL2 standards adopted in the National Institute of Standards and
27	27	Technology's Digital Identity Guidelines.
28	28	Education and informational materials
29	29	Current law requires DWD to compile and provide to employers certain
30	30	information about how the UI system works, including a handbook on the UI system
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37	37	ASSEMBLY BILL 152
38	38	for employers and information concerning the financing of the UI system that is
39	39	published on DWD's website. The bill requires DWD to also provide certain training
40	40	materials for employers and claimants on the UI system. The bill requires DWD to
41	41	publish training videos on its website and also to provide live training seminars for
42	42	employing units that are free of charge and provided on a quarterly basis.
43	43	Assistance call center
44	44	The bill requires DWD to operate a call center to assist claimants for UI benefits
45	45	or similar federal payments. Under the bill, if the volume of calls has increased by
46	46	300 percent or more over the same week during the previous year or if there is a
47	47	declared state of emergency for the state that causes or relates to an increase in UI
48	48	claims, DWD is required to increase the hours for the call center to include evening
49	49	hours after 5 p.m. and weekend hours.
50	50	Database comparisons
51	51	The bill requires DWD to perform a comparison of state and national databases
52	52	that track death records, employment records, and prison records against recipients
53	53	of UI benefits for the purposes of detecting fraud or erroneous payments. The bill
54	54	requires DWD to perform the comparison on at least a weekly basis. The bill provides
55	55	that DWD may also make such comparisons with other databases.
56	56	OTHER CHANGES
57	57	Transfer of employees to DWD
58	58	The bill authorizes the secretary of administration to temporarily transfer
59	59	employees from any executive branch agency to DWD to assist in deciding UI
60	60	appeals. Under the bill, DWD must pay all salary and fringe benefit costs of that
61	61	employee during the time the employee is at DWD.
62	62	For further information see the state and local fiscal estimate, which will be
63	63	printed as an appendix to this bill.
64	64	The people of the state of Wisconsin, represented in senate and assembly, do
65	65	enact as follows:
66	66	SECTION 1. 108.14 (10m) of the statutes is created to read:
67	67	108.14 (10m) The department shall implement identity-proofing measures for
68	68	claimants who are engaging in benefit-related transactions with the department
69	69	that satisfy all of the following:
70	70	(a) The measures require a claimant to verify his or her identity prior to filing
71	71	an initial claim for benefits and when engaging in other transactions with the
72	72	department.
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82	82	SECTION 1
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84	84	(b) The measures achieve the IAL2 and AAL2 standards adopted in the
85	85	National Institute of Standards and Technology's Digital Identity Guidelines.
86	86	SECTION 2. 108.14 (23m) of the statutes is created to read:
87	87	108.14 (23m) The department shall provide training materials on the
88	88	unemployment insurance system, including all of the following:
89	89	(a) Training videos for claimants and employing units published on the
90	90	department's website.
91	91	(b) Live training seminars for employing units that are free of charge and
92	92	provided on a quarterly basis. The seminars may be in-person, online, or both.
93	93	SECTION 3. 108.14 (29) of the statutes is created to read:
94	94	108.14 (29) (a) The department shall maintain a call center to provide
95	95	assistance and support by telephone to claimants for benefits under this chapter or
96	96	payments under federal assistance programs for unemployment.
97	97	(b) The department shall, during each of the following periods, extend the call
98	98	center hours to include hours after 5 p.m. on weekdays and at least 16 hours on
99	99	weekends:
100	100	1. During a declared state of emergency for the state that causes or relates to
101	101	an increase in unemployment claims.
102	102	2. For 90 days after any week in which the call center experiences an increase
103	103	of at least 300 percent in calls compared to the same week during the previous year,
104	104	and for 90 days after each subsequent week in which such an increase occurs.
105	105	SECTION 4. 108.14 (30) of the statutes is created to read:
106	106	108.14 (30) (a) The department shall, on at least a weekly basis, perform a
107	107	comparison of recipients of benefits under this chapter against all of the following for
108	108	the purpose of detecting fraud or erroneous payments:
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135	135	SECTION 4 ASSEMBLY BILL 152
136	136	1. Nationally recognized databases that contain information on death records,
137	137	including the federal social security administration's death master file.
138	138	2. The National Association of State Workforce Agencies' integrity data hub.
139	139	3. The national directory of new hires maintained by the office of child support
140	140	enforcement in the U.S. department of health and human services.
141	141	4. Prisoner databases maintained by the department of justice, the department
142	142	of corrections, and the U.S. department of justice.
143	143	(b) The department may perform comparisons of recipients of benefits under
144	144	this chapter against public or private databases in addition to those specified in par.
145	145	(a) 1. to 4.
146	146	SECTION 5.0Nonstatutory provisions.
147	147	(1) (a) In this subsection, “allowable period” means the period described in par.
148	148	(c).
149	149	(b) During the allowable period, the secretary of administration may transfer
150	150	any employee to the department of workforce development from any other state
151	151	agency to provide services for the department of workforce development that are
152	152	needed to hear and decide appeals under s. 108.09 (4). Such an employee may,
153	153	notwithstanding s. 108.09 (3) (a), serve as an appeal tribunal under ss. 108.09 to
154	154	108.10, subject to approval by the secretary of workforce development. The
155	155	department of workforce development shall pay all salary and fringe benefit costs of
156	156	the employee during the time he or she is providing services for the department of
157	157	workforce development. Any action by the secretary of administration under this
158	158	paragraph shall remain in effect until rescinded by the secretary or 90 days after the
159	159	last day of the allowable period, whichever is earliest.
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186	186	SECTION 5
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188	188	(c) A transfer under par. (b) may be made at any time during the period
189	189	beginning on the effective date of this paragraph and ending on the 120th day after
190	190	the effective date of this paragraph, except that the joint committee on finance may,
191	191	upon request of the secretary of administration, extend the period by not more than
192	192	an additional 120 days.
193	193	(d) If an employee is transferred under par. (b), the department of workforce
194	194	development may not increase the employee's salary at the time of transfer or during
195	195	the time he or she is providing services for the department of workforce development,
196	196	and the agency from which the employee was transferred may not increase the
197	197	employee's salary at the time the employee returns to the agency.
198	198	(e) The secretary of administration shall submit a report to the joint committee
199	199	on finance, no later than the first day of the 2nd month beginning after the effective
200	200	date of this paragraph and on the first day of each subsequent month during the
201	201	allowable period, that provides information on all employee transfers under par. (b).
202	202	Each report shall specify the number of employees transferred, the title of each
203	203	employee transferred, the title the employee assumed at the department of
204	204	workforce development, and the reasons for each employee transfer.
205	205	SECTION 6.0Effective date.
206	206	(1) This act takes effect on the Sunday after publication.
207	207	(END)
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