Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB167 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
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4	4	2025 ASSEMBLY BILL 167
5	5	April 8, 2025 - Introduced by Representatives TUCKER, ARMSTRONG, BROOKS, B.
6	6	JACOBSON, DUCHOW, MURPHY, O'CONNOR, PENTERMAN and KNODL,
7	7	cosponsored by Senator WIMBERGER. Referred to Committee on Workforce
8	8	Development, Labor, and Integrated Employment.
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10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 108.04 (2) (a) 4. and 108.04 (5) (e); to amend
12	12	16.54 (2) (a) 1., 108.04 (5) (b), 108.04 (15) (a) 1. and 108.14 (20); to create
13	13	16.54 (14), 108.04 (2) (a) 4. c., 108.04 (5) (e) (intro.), 108.04 (5) (e) 2. and 108.04
14	14	(5) (h) of the statutes; relating to: various changes to the unemployment
15	15	insurance law and requiring approval by the Joint Committee on Finance of
16	16	certain federally authorized unemployment benefits.
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	Misconduct
23	23	Currently, if an employee is discharged for misconduct connected with his or
24	24	her employment, the employee is ineligible to receive UI benefits until certain
25	25	requalification criteria are satisfied. In addition, all wages earned with the
26	26	employer that discharges the employee are excluded in determining the amount of
27	27	any future benefits to which the employee is entitled. Current law provides a
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37	37	general definition of misconduct and also specifies a number of specific actions that
38	38	constitute misconduct. The bill does all of the following with respect to what is
39	39	considered misconduct:
40	40	1. Current law specifically provides that misconduct includes theft of an
41	41	employer[s property or services with intent to deprive the employer of the property
42	42	or services permanently, theft of currency of any value, felonious conduct connected
43	43	with an employee[s employment with his or her employer, or intentional or
44	44	negligent conduct by an employee that causes substantial damage to his or her
45	45	employer[s property. The bill does the following:
46	46	a. Eliminates the requirement that the employee have intent to deprive the
47	47	employer of the property or services permanently.
48	48	b. Provides that intentional or negligent conduct by an employee that causes
49	49	the destruction of an employer[s records is also considered misconduct.
50	50	c. Adds unauthorized possession of an employer [s property, theft or
51	51	unauthorized distribution of an employer[s confidential or proprietary information,
52	52	and use of an employer[s credit card or other financial instrument for an
53	53	unauthorized or nonbusiness purpose without prior approval from the employer to
54	54	the list of what is considered misconduct.
55	55	2. Current law specifically provides that misconduct includes absenteeism by
56	56	an employee on more than two occasions within the 120-day period before the date
57	57	of the employee[s termination, unless otherwise specified by his or her employer in
58	58	an employment manual of which the employee has acknowledged receipt with his or
59	59	her signature, or excessive tardiness by an employee in violation of a policy of the
60	60	employer that has been communicated to the employee, if the employee does not
61	61	provide to his or her employer both notice and one or more valid reasons for the
62	62	absenteeism or tardiness.
63	63	The bill instead provides that misconduct includes both of the following: 1) a
64	64	violation of an employer[s reasonable policy that covers employee absenteeism,
65	65	tardiness, or both and that results in an employee[s termination, if that termination
66	66	is in accordance with that policy and the policy is specified by the employer in an
67	67	employment manual of which the employee has acknowledged receipt with his or
68	68	her signature; and 2) if an employer does not have a policy covering absenteeism
69	69	that meets the criteria just described, absenteeism on more than two occasions
70	70	within the 120-day period preceding an employee[s termination, if the employee
71	71	does not provide to the employer both notice and one or more valid reasons for the
72	72	absenteeism.
73	73	3. The bill specifically provides that misconduct includes a violation by an
74	74	employee of an employer[s reasonable employment policy that covers the use of
75	75	social media specified by the employer in an employment manual of which the
76	76	employee has acknowledged receipt with his or her signature.
77	77	General qualifying requirements
78	78	Under current law, a claimant for UI benefits is generally required to 1)
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83	83	search for each week in order to remain eligible. A claimant is required to conduct
84	84	at least four work search actions each week, and DWD may require, by rule, that an
85	85	individual conduct more than four work search actions per week. Finally, if a
86	86	claimant is claiming benefits for a week other than an initial week, the claimant
87	87	must provide information or job application materials that are requested by DWD
88	88	and participate in a public employment office workshop or training program or in
89	89	similar reemployment services required by DWD.
90	90	The bill does the following:
91	91	1. Requires a claimant who resides outside this state and who is claiming
92	92	benefits for a week other than an initial week to register with his or her local job
93	93	center website or labor market exchange and requires DWD to verify that each such
94	94	claimant has complied with that requirement.
95	95	2. Requires DWD to conduct random audits for at least 50 percent of all work
96	96	search actions reported to have been performed by claimants. Current law requires
97	97	random audits of work search actions, but does not require a specific number or
98	98	level of audits.
99	99	OTHER CHANGES
100	100	UI benefit augmentations subject to review by Joint Committee on Finance
101	101	The bill provides that whenever any UI benefit augmentation is provided for
102	102	through an act of Congress or by executive action of the president of the United
103	103	States, the cochairpersons of the Joint Committee on Finance must be notified, in
104	104	writing, of the proposed benefit augmentation. The bill defines Xbenefit
105	105	augmentationY to mean any action whereby the governor or any other state official
106	106	or agency would encumber or expend moneys received from, or accept
107	107	reimbursement from, the federal government or whereby the governor or any other
108	108	state agency or official would enter into any contract or agreement with the federal
109	109	government or any federal agency to 1) increase the weekly UI benefit rate payable
110	110	to claimants above what is provided under state law, or 2) increase the total amount
111	111	of UI benefits to which a claimant is entitled above what is provided under state
112	112	law. Under the bill, such a benefit augmentation is subject to a seven-day passive
113	113	review by the Joint Committee on Finance.
114	114	In addition, the bill provides that no benefit augmentation may be effectuated
115	115	unless it is subject to termination or cancellation by the Joint Committee on
116	116	Finance.
117	117	Worker[s compensation; misconduct
118	118	Currently, under the worker[s compensation law, an employer is not liable for
119	119	temporary disability benefits during an employee[s healing period if the employee is
120	120	suspended or terminated from employment due to misconduct, as defined under the
121	121	UI law. Under the bill, the changes to the UI law[s definition of misconduct
122	122	described above apply under the worker[s compensation law as well. 2025 - 2026 Legislature
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126	126	SECTION 1
127	127	For further information see the state and local fiscal estimate, which will be
128	128	printed as an appendix to this bill.
129	129	The people of the state of Wisconsin, represented in senate and assembly, do
130	130	enact as follows:
131	131	SECTION 1. 16.54 (2) (a) 1. of the statutes is amended to read:
132	132	16.54 (2) (a) 1. Except as provided in subd. 2. and sub. (14), whenever funds
133	133	shall be made available to this state through an act of congress and the funds are
134	134	accepted as provided in sub. (1), the governor shall designate the state board,
135	135	commission, or department to administer any of such funds, and the board,
136	136	commission, or department so designated by the governor is authorized and
137	137	directed to administer such funds for the purpose designated by the act of congress
138	138	making an appropriation of such funds, or by the department of the United States
139	139	government making such funds available to this state. Whenever a block grant is
140	140	made to this state, no moneys received as a part of the block grant may be
141	141	transferred from use as a part of one such grant to use as a part of another such
142	142	grant, regardless of whether a transfer between appropriations is required, unless
143	143	the joint committee on finance approves the transfer.
144	144	SECTION 2. 16.54 (14) of the statutes is created to read:
145	145	16.54 (14) (a) In this subsection, Xbenefit augmentationY means for any state
146	146	agency or official, including the governor, to encumber or expend moneys received
147	147	from, or accept reimbursement from, the federal government or for any state agency
148	148	or official, including the governor, to enter into any contract or agreement with the
149	149	federal government or any federal agency, to do any of the following:
150	150	1. Increase the weekly unemployment insurance benefit rate payable to
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174	174	SECTION 2
175	175	claimants to a rate that is higher than what is provided under s. 108.05, including
176	176	by providing any stipend or other benefit separately from unemployment insurance
177	177	benefits, if eligibility for that stipend or benefit is determined, in whole or in part,
178	178	based on an individual[s receipt of, or eligibility for, unemployment insurance
179	179	benefits.
180	180	2. Increase the total amount of unemployment insurance benefits to which a
181	181	claimant is entitled to an amount that is greater than what is provided under s.
182	182	108.06 (2), including by providing an increased overall benefit entitlement or
183	183	additional weeks of benefits.
184	184	(b) 1. Whenever any benefit augmentation is provided for through an act of
185	185	congress or by executive action of the president of the United States, the governor or
186	186	other state official or state agency shall notify the cochairpersons of the joint
187	187	committee on finance, in writing, of the proposed benefit augmentation. The notice
188	188	shall contain a detailed description of the proposed benefit augmentation, an
189	189	affirmative statement that the proposed benefit augmentation complies with subd.
190	190	2., and, if the proposed benefit augmentation requires any contract or agreement
191	191	with the federal government or any federal agency, a copy of the proposed contract
192	192	or agreement if available. If the cochairpersons of the committee do not notify the
193	193	governor, official, or agency that the committee has scheduled a meeting for the
194	194	purpose of reviewing the proposed benefit augmentation within 7 working days
195	195	after the date of the governor[s, official[s, or agency[s notification, the benefit
196	196	augmentation may, subject to subd. 2., be effectuated as proposed by the governor,
197	197	official, or agency. If, within 7 working days after the date of the governor[s,
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224	224	SECTION 2
225	225	official[s, or agency[s notification, the cochairpersons of the committee notify the
226	226	governor, official, or agency that the committee has scheduled a meeting for the
227	227	purpose of reviewing the proposed benefit augmentation, the benefit augmentation
228	228	may not be effectuated without the approval of the committee. The committee may
229	229	not approve a proposed benefit augmentation unless it complies with subd. 2.
230	230	2. No benefit augmentation may be effectuated unless it is subject to
231	231	termination or cancellation by the joint committee on finance.
232	232	(c) This subsection does not apply with respect to federal extended benefits
233	233	under s. 108.141.
234	234	SECTION 3. 108.04 (2) (a) 4. of the statutes is renumbered 108.04 (2) (a) 4.
235	235	(intro.) and amended to read:
236	236	108.04 (2) (a) 4. (intro.) If the claimant is claiming benefits for a week other
237	237	than an initial week, the claimant provides does all of the following:
238	238	a. Provides information or job application materials that are requested by the
239	239	department and participates.
240	240	b. Participates in a public employment office workshop or training program or
241	241	in similar reemployment services that are required by the department under sub.
242	242	(15) (a) 2.
243	243	SECTION 4. 108.04 (2) (a) 4. c. of the statutes is created to read:
244	244	108.04 (2) (a) 4. c. Registers on his or her local job center website or with his
245	245	or her labor market exchange, if the claimant resides outside this state. The
246	246	department shall verify that each such claimant has complied with this subd. 4. c.
247	247	SECTION 5. 108.04 (5) (b) of the statutes is amended to read:
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274	274	SECTION 5
275	275	108.04 (5) (b) Theft or unauthorized possession of an employer[s property or,
276	276	theft of an employer[s services with intent to deprive the employer of the property or
277	277	services permanently, theft or unauthorized distribution of an employer[s
278	278	confidential or proprietary information, use of an employer[s credit card or other
279	279	financial instrument for an unauthorized or nonbusiness purpose without prior
280	280	approval from the employer, theft of currency of any value, felonious conduct
281	281	connected with an employee[s employment with his or her employer, or intentional
282	282	or negligent conduct by an employee that causes the destruction of an employer[s
283	283	records or substantial damage to his or her an employer[s property.
284	284	SECTION 6. 108.04 (5) (e) (intro.) of the statutes is created to read:
285	285	108.04 (5) (e) (intro.) Any of the following:
286	286	SECTION 7. 108.04 (5) (e) of the statutes is renumbered 108.04 (5) (e) 1. and
287	287	amended to read:
288	288	108.04 (5) (e) 1. Absenteeism by an employee on more than 2 occasions within
289	289	the 120-day period before the date of the employee[s termination, unless otherwise
290	290	specified by his or her employer if the employee does not provide to his or her
291	291	employer both notice and one or more valid reasons for the absenteeism. This
292	292	subdivision does not apply if the employer has a reasonable policy that covers
293	293	absenteeism described in subd. 2. in an employment manual of which the employee
294	294	has acknowledged receipt with his or her signature, or excessive tardiness by an
295	295	employee in violation of a policy of the employer that has been communicated to the
296	296	employee, if the employee does not provide to his or her employer both notice and
297	297	one or more valid reasons for the absenteeism or tardiness.
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324	324	SECTION 8
325	325	SECTION 8. 108.04 (5) (e) 2. of the statutes is created to read:
326	326	108.04 (5) (e) 2. A violation of an employer[s reasonable policy that covers
327	327	employee absenteeism, tardiness, or both, and that results in an employee[s
328	328	termination, if that termination is in accordance with that policy and the policy is
329	329	specified by the employer in an employment manual of which the employee has
330	330	acknowledged receipt with his or her signature.
331	331	SECTION 9. 108.04 (5) (h) of the statutes is created to read:
332	332	108.04 (5) (h) A violation by an employee of an employer[s reasonable policy
333	333	that covers the use of social media and is substantially related to the employee[s
334	334	employment, if the violation results in an employee[s termination and if that
335	335	termination is in accordance with that policy and the policy is specified by the
336	336	employer in an employment manual of which the employee has acknowledged
337	337	receipt with his or her signature.
338	338	SECTION 10. 108.04 (15) (a) 1. of the statutes is amended to read:
339	339	108.04 (15) (a) 1. Use the information or materials provided under sub. (2) (a)
340	340	4. a. to assess a claimant[s efforts, skills, and ability to find or obtain work and to
341	341	develop a list of potential opportunities for a claimant to obtain suitable work. A
342	342	claimant who otherwise satisfies the requirement under sub. (2) (a) 3. is not
343	343	required to apply for any specific positions on the list in order to satisfy that
344	344	requirement.
345	345	SECTION 11. 108.14 (20) of the statutes is amended to read:
346	346	108.14 (20) The department shall conduct random audits on claimants for
347	347	benefits under this chapter to assess compliance with the work search
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374	374	SECTION 11
375	375	requirements under s. 108.04 (2) (a) 3. The department shall conduct the audits
376	376	required under this subsection at a level sufficient for the department to assess at
377	377	least 50 percent of all work search actions reported to have been performed by
378	378	claimants.
379	379	SECTION 12. Nonstatutory provisions.
380	380	(1) The department of workforce development shall submit a notice to the
381	381	legislative reference bureau for publication in the Wisconsin Administrative
382	382	Register when the department determines that the department has any rules in
383	383	place that are necessary to implement the renumbering and amendment of s.
384	384	108.04 (2) (a) 4. and the creation of s. 108.04 (2) (a) 4. c. by this act.
385	385	SECTION 13. Initial applicability.
386	386	(1) The renumbering and amendment of s. 108.04 (2) (a) 4. and the creation of
387	387	s. 108.04 (2) (a) 4. c. first apply with respect to weeks of unemployment beginning on
388	388	the effective date of this subsection.
389	389	(2) The renumbering and amendment of s. 108.04 (5) (e), the amendment of s.
390	390	108.04 (5) (b), and the creation of s. 108.04 (5) (e) (intro.) and 2. and (h) first apply
391	391	with respect to determinations issued under s. 108.09 on the effective date of this
392	392	subsection.
393	393	SECTION 14. Effective dates. This act takes effect on the Sunday after
394	394	publication, except as follows:
395	395	(1) The renumbering and amendment of s. 108.04 (2) (a) 4. and the creation of
396	396	s. 108.04 (2) (a) 4. c. and SECTION 13 (1) of this act take effect on the Sunday after
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422	422	SECTION 14
423	423	the notice under SECTION 12 (1) of this act is published in the Wisconsin
424	424	Administrative Register or on January 4, 2026, whichever occurs first.
425	425	(2) The renumbering and amendment of s. 108.04 (5) (e), the amendment of s.
426	426	108.04 (5) (b), and the creation of s. 108.04 (5) (e) (intro.) and 2. and (h) and SECTION
427	427	13 (2) of this act take effect on January 4, 2026, or on the first Sunday after the
428	428	180th day after publication, whichever occurs later.
429	429	(END)
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