LRB-2696/1
MED:skw
2023 - 2024 LEGISLATURE
2023 SENATE BILL 233
April 14, 2023 - Introduced by Senators FEYEN, BRADLEY, FELZKOWSKI, MARKLEIN
and STROEBEL, cosponsored by Representatives DALLMAN, BROOKS, ALLEN,
BEHNKE, BINSFELD, BODDEN, DITTRICH, GREEN, GUNDRUM, KNODL, MAGNAFICI,
MOSES, MURPHY, O'CONNOR, PENTERMAN, PETERSEN, PLUMER, RETTINGER,
ROZAR, SORTWELL, WICHGERS, WITTKE and EDMING. Referred to Committee on
Economic Development and Technical Colleges.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 108.142 (4); to amend 108.06 (1); and to
create 108.06 (1m) and 227.01 (13) (yL) of the statutes; relating to: the
amount of benefits received under the unemployment insurance law.
Analysis by the Legislative Reference Bureau
This bill changes the maximum number of weeks of regular unemployment
insurance (UI) benefits payable to an eligible claimant who is totally unemployed to
an amount that varies depending upon the seasonally adjusted statewide
unemployment rate.
Currently, the maximum number of weeks of regular UI benefits payable to an
eligible claimant who is totally unemployed and who earns sufficient wages to
qualify for those benefits is fixed at 26 weeks.
Under the bill, the maximum number of weeks available to claimants is
determined monthly, based upon the unemployment rate using the most recently
available federal data. Once a claimant begins a benefit year, the claimant's
maximum number of weeks of regular benefits is fixed for that benefit year. Because
the maximum number of weeks of state supplemental benefits payable to a claimant
is calculated in part based upon the maximum number of weeks of regular benefits
payable to a claimant, the change also affects the maximum number of weeks of state
supplemental benefits payable to a claimant. Under the bill, the maximum number
of weeks of regular benefits for total unemployment is determined as follows:
Statewide unemployment rate Maximum weeks of benefits
Greater than 9.0 percent 26
1
2
3 - 2 -2023 - 2024 Legislature LRB-2696/1
MED:skw
SENATE BILL 233
Greater than 8.5 percent but less than or
equal to 9.0 percent
25
Greater than 8.0 percent but less than or
equal to 8.5 percent
24
Greater than 7.5 percent but less than or
equal to 8.0 percent
23
Greater than 7.0 percent but less than or
equal to 7.5 percent
22
Greater than 6.5 percent but less than or
equal to 7.0 percent
21
Greater than 6.0 percent but less than or
equal to 6.5 percent
20
Greater than 5.5 percent but less than or
equal to 6.0 percent
19
Greater than 5.0 percent but less than or
equal to 5.5 percent
18
Greater than 4.5 percent but less than or
equal to 5.0 percent
17
Greater than 4.0 percent but less than or
equal to 4.5 percent
16
Greater than 3.5 percent but less than or
equal to 4.0 percent
15
Less than or equal to 3.5 percent 14
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. 108.06 (1) of the statutes is amended to read:
108.06 (1) Except as provided in sub. (6) and ss. 108.141 and 108.142, no
claimant may receive total benefits based on employment in a base period greater
than 26 times the number of weeks determined under sub. (1m) multiplied by the
claimant's weekly benefit rate under s. 108.05 (1) or 40 percent of the claimant's base
period wages, whichever is lower. Except as provided in sub. (6) and ss. 108.141 and
108.142, if a claimant's base period wages are reduced or canceled under s. 108.04
(5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not
1
2
3
4
5
6
7
8 - 3 -2023 - 2024 Legislature
LRB-2696/1
MED:skw
SECTION 1
SENATE BILL 233
receive total benefits based on employment in a base period greater than 26 times
the number of weeks determined under sub. (1m) multiplied by the claimant's
weekly benefit rate under s. 108.05 (1) or 40 percent of the base period wages not
reduced, canceled or suspended which were paid or payable to the claimant,
whichever is lower.
SECTION 2. 108.06 (1m) of the statutes is created to read:
108.06 (1m) (a) 1. The department shall, on a monthly basis, determine the
maximum number of weeks of regular benefits available to claimants under sub. (1)
in accordance with this paragraph. Each such determination shall apply to benefit
years that begin in the month to which that determination applies. For benefit years
to which each determination applies, the maximum number of weeks of regular
benefits is as follows: [See Figure 108.06 (1m) (a) 1. following]
Figure 108.06 (1m) (a) 1.:
Statewide average unemployment rate Maximum weeks of benefits
Greater than 9.0 percent 26
Greater than 8.5 percent but less than or
equal to 9.0 percent
25
Greater than 8.0 percent but less than or
equal to 8.5 percent
24
Greater than 7.5 percent but less than or
equal to 8.0 percent
23
Greater than 7.0 percent but less than or
equal to 7.5 percent
22
Greater than 6.5 percent but less than or
equal to 7.0 percent
21
Greater than 6.0 percent but less than or
equal to 6.5 percent
20
Greater than 5.5 percent but less than or
equal to 6.0 percent
19
1
2
3
4
5
6
7
8
9
10
11
12
13 - 4 -2023 - 2024 Legislature LRB-2696/1
MED:skw
SECTION 2 SENATE BILL 233
Greater than 5.0 percent but less than or
equal to 5.5 percent
18
Greater than 4.5 percent but less than or
equal to 5.0 percent
17
Greater than 4.0 percent but less than or
equal to 4.5 percent
16
Greater than 3.5 percent but less than 4.0
percent
15
Less than or equal to 3.5 percent 14
2. The department shall make the determinations under this paragraph using
the most recently available statewide, seasonally adjusted data from the current
employment statistics program published by the the bureau of labor statistics for the
U.S. department of labor, including preliminary estimates.
(b) The maximum number of weeks of regular benefits payable to a claimant
under sub. (1) in the first week of the claimant's benefit year remains the same
regardless of the maximum number of weeks of regular benefits in effect in any
subsequent week that benefits become payable to the claimant.
(c) The department shall publish on its website a notice about the maximum
number of weeks of regular benefits available as calculated in accordance with this
subsection.
SECTION 3. 108.142 (4) of the statutes is renumbered 108.142 (4) (intro.) and
amended to read:
108.142 (4) DURATION OF WISCONSIN SUPPLEMENTAL BENEFITS. (intro.) During
a Wisconsin supplemental benefit period, no claimant may receive total benefits
based on employment in a base period greater than 34 times whichever of the
following is lower:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 - 5 -2023 - 2024 Legislature
LRB-2696/1
MED:skw
SECTION 3
SENATE BILL 233
(a) The sum of the number of weeks determined under s. 108.06 (1m) and 8,
multiplied by the claimant's weekly benefit rate under s. 108.05 (1) or 40.
(b) Forty percent of wages paid or payable to the claimant in his or her base
period under s. 108.04 (4) (a), whichever is lower.
SECTION 4. 227.01 (13) (yL) of the statutes is created to read:
227.01 (13) (yL) Determines, under s. 108.06 (1m), the maximum number of
weeks of regular unemployment insurance benefits available under s. 108.06 (1).
SECTION 5.0Initial applicability.
(1) This act first applies with respect to benefit years established on the
effective date of this subsection.
SECTION 6.0Effective date.
(1) This act takes effect on June 30, 2024.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13