Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB235 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 235
5	5	April 14, 2023 - Introduced by Senators FEYEN, FELZKOWSKI, NASS and STROEBEL,
6	6	cosponsored by Representatives O'CONNOR, BEHNKE, BRANDTJEN, BROOKS,
7	7	EDMING, GUNDRUM, KNODL, MACCO, MOSES, NEDWESKI, PETERSEN, PETRYK,
8	8	PLUMER, ROZAR, SORTWELL, WICHGERS, GUSTAFSON, STEFFEN, RETTINGER and
9	9	DUCHOW. Referred to Committee on Economic Development and Technical
10	10	Colleges.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 108.14 (10m), 108.14 (23m), 108.14 (29) and 108.14 (30) of the
13	13	statutes; relating to: various changes to the unemployment insurance law and
14	14	authorizing the secretary of administration to transfer employees from any
15	15	executive branch agency to the Department of Workforce Development for
16	16	certain purposes.
17	17	Analysis by the Legislative Reference Bureau
18	18	UNEMPLOYMENT INSURANCE
19	19	This bill makes various changes in the unemployment insurance (UI) law,
20	20	which is administered by the Department of Workforce Development. Significant
21	21	changes include all of the following:
22	22	Identity proofing
23	23	The bill requires DWD to implement identity-proofing measures for UI
24	24	claimants who are engaging in benefit-related transactions with DWD that 1)
25	25	require a claimant to verify his or her identity prior to filing an initial claim for
26	26	benefits and when engaging in other transactions with DWD, and 2) achieve the
27	27	IAL2 and AAL2 standards adopted in the National Institute of Standards and
28	28	Technology's Digital Identity Guidelines.
29	29	Education and informational materials
30	30	Current law requires DWD to compile and provide to employers certain
31	31	information about how the UI system works, including a handbook on the UI system
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38	38	SENATE BILL 235
39	39	for employers and information concerning the financing of the UI system that is
40	40	published on DWD's website. The bill requires DWD to also provide certain training
41	41	materials for employers and claimants on the UI system. The bill requires DWD to
42	42	publish training videos on its website and also to provide live training seminars for
43	43	employing units that are free of charge and provided on a quarterly basis.
44	44	Assistance call center
45	45	The bill requires DWD to operate a call center to assist claimants for UI benefits
46	46	or similar federal payments. Under the bill, if the volume of calls has increased by
47	47	300 percent or more over the same week during the previous year or if there is a
48	48	declared state of emergency for the state that causes or relates to an increase in UI
49	49	claims, DWD is required to increase the hours for the call center to include evening
50	50	hours after 5 p.m. and weekend hours.
51	51	Database comparisons
52	52	The bill requires DWD to perform a comparison of state and national databases
53	53	that track death records, employment records, and prison records against recipients
54	54	of UI benefits for the purposes of detecting fraud or erroneous payments. The bill
55	55	requires DWD to perform the comparison on at least a weekly basis. The bill provides
56	56	that DWD may also make such comparisons with other databases.
57	57	OTHER CHANGES
58	58	Transfer of employees to DWD
59	59	The bill authorizes the secretary of administration to temporarily transfer
60	60	employees from any executive branch agency to DWD to assist in deciding UI
61	61	appeals. Under the bill, DWD must pay all salary and fringe benefit costs of that
62	62	employee during the time the employee is at DWD.
63	63	For further information see the state and local fiscal estimate, which will be
64	64	printed as an appendix to this bill.
65	65	The people of the state of Wisconsin, represented in senate and assembly, do
66	66	enact as follows:
67	67	SECTION 1. 108.14 (10m) of the statutes is created to read:
68	68	108.14 (10m) The department shall implement identity-proofing measures for
69	69	claimants who are engaging in benefit-related transactions with the department
70	70	that satisfy all of the following:
71	71	(a) The measures require a claimant to verify his or her identity prior to filing
72	72	an initial claim for benefits and when engaging in other transactions with the
73	73	department.
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83	83	SECTION 1
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85	85	(b) The measures achieve the IAL2 and AAL2 standards adopted in the
86	86	National Institute of Standards and Technology's Digital Identity Guidelines.
87	87	SECTION 2. 108.14 (23m) of the statutes is created to read:
88	88	108.14 (23m) The department shall provide training materials on the
89	89	unemployment insurance system, including all of the following:
90	90	(a) Training videos for claimants and employing units published on the
91	91	department's website.
92	92	(b) Live training seminars for employing units that are free of charge and
93	93	provided on a quarterly basis. The seminars may be in-person, online, or both.
94	94	SECTION 3. 108.14 (29) of the statutes is created to read:
95	95	108.14 (29) (a) The department shall maintain a call center to provide
96	96	assistance and support by telephone to claimants for benefits under this chapter or
97	97	payments under federal assistance programs for unemployment.
98	98	(b) The department shall, during each of the following periods, extend the call
99	99	center hours to include hours after 5 p.m. on weekdays and at least 16 hours on
100	100	weekends:
101	101	1. During a declared state of emergency for the state that causes or relates to
102	102	an increase in unemployment claims.
103	103	2. For 90 days after any week in which the call center experiences an increase
104	104	of at least 300 percent in calls compared to the same week during the previous year,
105	105	and for 90 days after each subsequent week in which such an increase occurs.
106	106	SECTION 4. 108.14 (30) of the statutes is created to read:
107	107	108.14 (30) (a) The department shall, on at least a weekly basis, perform a
108	108	comparison of recipients of benefits under this chapter against all of the following for
109	109	the purpose of detecting fraud or erroneous payments:
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136	136	SECTION 4 SENATE BILL 235
137	137	1. Nationally recognized databases that contain information on death records,
138	138	including the federal social security administration's death master file.
139	139	2. The National Association of State Workforce Agencies' integrity data hub.
140	140	3. The national directory of new hires maintained by the office of child support
141	141	enforcement in the U.S. department of health and human services.
142	142	4. Prisoner databases maintained by the department of justice, the department
143	143	of corrections, and the U.S. department of justice.
144	144	(b) The department may perform comparisons of recipients of benefits under
145	145	this chapter against public or private databases in addition to those specified in par.
146	146	(a) 1. to 4.
147	147	SECTION 5.0Nonstatutory provisions.
148	148	(1) (a) In this subsection, “allowable period” means the period described in par.
149	149	(c).
150	150	(b) During the allowable period, the secretary of administration may transfer
151	151	any employee to the department of workforce development from any other state
152	152	agency to provide services for the department of workforce development that are
153	153	needed to hear and decide appeals under s. 108.09 (4). Such an employee may,
154	154	notwithstanding s. 108.09 (3) (a), serve as an appeal tribunal under ss. 108.09 to
155	155	108.10, subject to approval by the secretary of workforce development. The
156	156	department of workforce development shall pay all salary and fringe benefit costs of
157	157	the employee during the time he or she is providing services for the department of
158	158	workforce development. Any action by the secretary of administration under this
159	159	paragraph shall remain in effect until rescinded by the secretary or 90 days after the
160	160	last day of the allowable period, whichever is earliest.
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187	187	SECTION 5
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189	189	(c) A transfer under par. (b) may be made at any time during the period
190	190	beginning on the effective date of this paragraph and ending on the 120th day after
191	191	the effective date of this paragraph, except that the joint committee on finance may,
192	192	upon request of the secretary of administration, extend the period by not more than
193	193	an additional 120 days.
194	194	(d) If an employee is transferred under par. (b), the department of workforce
195	195	development may not increase the employee's salary at the time of transfer or during
196	196	the time he or she is providing services for the department of workforce development,
197	197	and the agency from which the employee was transferred may not increase the
198	198	employee's salary at the time the employee returns to the agency.
199	199	(e) The secretary of administration shall submit a report to the joint committee
200	200	on finance, no later than the first day of the 2nd month beginning after the effective
201	201	date of this paragraph and on the first day of each subsequent month during the
202	202	allowable period, that provides information on all employee transfers under par. (b).
203	203	Each report shall specify the number of employees transferred, the title of each
204	204	employee transferred, the title the employee assumed at the department of
205	205	workforce development, and the reasons for each employee transfer.
206	206	SECTION 6.0Effective date.
207	207	(1) This act takes effect on the Sunday after publication.
208	208	(END)
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