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2025 ASSEMBLY BILL 168
April 8, 2025 - Introduced by Representatives KREIBICH, O'CONNOR, NEDWESKI,
GREEN, DUCHOW, MURPHY, KNODL, B. JACOBSON, GUNDRUM and DITTRICH,
cosponsored by Senator FEYEN. Referred to Committee on Workforce
Development, Labor, and Integrated Employment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 108.14 (10m), 108.14 (23m), 108.14 (28), 108.14 (29), 108.14
(30) and 939.74 (2) (d) of the statutes; relating to: various changes to the
unemployment insurance law.
Analysis by the Legislative Reference Bureau
UNEMPLOYMENT INSURANCE
This bill makes various changes in the unemployment insurance (UI) law,
which is administered by the Department of Workforce Development. Significant
changes include all of the following:
Identity proofing
The bill requires DWD to implement identity-proofing measures for UI
claimants who are engaging in benefit-related transactions with DWD that 1)
require a claimant to verify his or her identity prior to filing an initial claim for
benefits and when engaging in other transactions with DWD, and 2) achieve the
IAL2 and AAL2 standards adopted in the National Institute of Standards and
Technology[s Digital Identity Guidelines.
Statute of limitations
Under current law, a prosecution for a felony must be commenced within six
years after it was committed. Current law provides several exceptions for certain
felonies, and the bill adds another exception. Under the bill, a prosecution for a
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felony must be commenced within eight years after it was committed if the felony
involves fraud in obtaining UI benefits and benefits under the special
unemployment benefit programs under the federal Coronavirus Aid, Relief, and
Economic Security (CARES) Act of 2020.
Education and informational materials
Current law requires DWD to compile and provide to employers certain
information about how the UI system works, including a handbook on the UI
system for employers and information concerning the financing of the UI system
that is published on DWD[s website. The bill requires DWD to also provide certain
training materials for employers and claimants on the UI system. The bill requires
DWD to publish training videos on its website and also to provide live training
seminars for employing units that are free of charge and provided on a quarterly
basis.
Assistance call center
The bill requires DWD to operate a call center to assist claimants for UI
benefits or similar federal payments. Furthermore, the bill requires DWD to do the
following:
1. If the volume of calls has increased by 100 percent or more over the same
week during the previous year or if there is a declared state of emergency for the
state that causes or relates to an increase in UI claims, operate the call center with
hours of at least 9 a.m. to 5 p.m. on weekdays.
2. If the volume of calls has increased by 300 percent or more over the same
week during the previous year or if there is a declared state of emergency for the
state that causes or relates to an increase in UI claims, operate the call center with
evening hours after 5 p.m. and weekend hours.
Database comparisons
The bill requires DWD to perform a comparison of state and national
databases that track death records, employment records, prison records, citizenship
and immigration, and immigrations and customs against recipients of UI benefits
for the purposes of detecting fraud or erroneous payments. The bill requires DWD
to perform the comparison on at least a weekly basis. The bill provides that DWD
may also make such comparisons with other databases.
Fraud detection
The bill requires DWD, if it suspends or reduces any method used by the
department to detect fraud committed against the unemployment insurance
program, to submit a notification detailing the suspension or reduction and the
reasons therefor to the Council on Unemployment Insurance, the Governor, and the
appropriate standing committees of the legislature.
For further information see the state and local fiscal estimate, which will be
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SECTION 1
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 108.14 (10m) of the statutes is created to read:
108.14 (10m) The department shall implement identity-proofing measures
for claimants who are engaging in benefit-related transactions with the department
that satisfy all of the following:
(a) The measures require a claimant to verify his or her identity prior to filing
an initial claim for benefits and when engaging in other transactions with the
department.
(b) The measures achieve the IAL2 and AAL2 standards adopted in the
National Institute of Standards and Technology[s Digital Identity Guidelines.
SECTION 2. 108.14 (23m) of the statutes is created to read:
108.14 (23m) The department shall provide training materials on the
unemployment insurance system, including all of the following:
(a) Training videos for claimants and employing units published on the
department[s website.
(b) Live training seminars for employing units that are free of charge and
provided on a quarterly basis. The seminars may be in-person, online, or both.
SECTION 3. 108.14 (28) of the statutes is created to read:
108.14 (28) If the department suspends or reduces any method used by the
department to detect fraud committed against the unemployment insurance
program under this chapter, the department shall submit a notification detailing
the suspension or reduction and the reasons therefor to the council on
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SECTION 3
unemployment insurance, the governor, and the appropriate standing committees
of the legislature under s. 13.172 (3).
SECTION 4. 108.14 (29) of the statutes is created to read:
108.14 (29) (a) The department shall maintain a call center to provide
assistance and support by telephone to claimants for benefits under this chapter or
payments under federal assistance programs for unemployment.
(b) 1. The department shall, during each of the following periods, operate the
call center with hours of at least 9 a.m. to 5 p.m. on weekdays:
a. During a declared state of emergency for the state that causes or relates to
an increase in unemployment claims.
b. For 90 days after any week in which the call center experiences an increase
of at least 100 percent in calls compared to the same week during the previous year,
and for 90 days after each subsequent week in which such an increase occurs.
2. The department shall, during each of the following periods, operate the call
center with hours after 5 p.m. on weekdays and at least 16 hours on weekends:
a. During a declared state of emergency for the state that causes or relates to
an increase in unemployment claims.
b. For 90 days after any week in which the call center experiences an increase
of at least 300 percent in calls compared to the same week during the previous year,
and for 90 days after each subsequent week in which such an increase occurs.
SECTION 5. 108.14 (30) of the statutes is created to read:
108.14 (30) (a) The department shall, on at least a weekly basis, perform a
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SECTION 5
comparison of recipients of benefits under this chapter against all of the following
for the purpose of detecting fraud or erroneous payments:
1. Nationally recognized databases that contain information on death records,
including the federal social security administration[s death master file.
2. The National Association of State Workforce Agencies[ integrity data hub.
3. The national directory of new hires maintained by the office of child
support enforcement in the U.S. department of health and human services.
4. Prisoner databases maintained by the department of justice, the
department of corrections, and the U.S. department of justice.
5. The U.S. Citizenship and Immigration Services Secure Automated
Verification of Eligibility database.
6. Databases maintained by the U.S. Immigration and Customs Enforcement.
(b) The department may perform comparisons of recipients of benefits under
this chapter against public or private databases in addition to those specified in par.
(a) 1. to 6.
SECTION 6. 939.74 (2) (d) of the statutes is created to read:
939.74 (2) (d) A prosecution for a felony violation under s. 108.24 (1) or (2) or
under any other statute under which a person is prosecuted for fraud in obtaining
unemployment insurance benefits, benefits under the pandemic unemployment
assistance program under 15 USC 9021, benefits under the federal pandemic
unemployment compensation and mixed earner unemployment compensation
programs under 15 USC 9023, or benefits under the pandemic emergency
unemployment compensation program under 15 USC 9025 must be commenced
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SECTION 6
within 8 years after the commission of the violation if the violation is related to
benefits that were paid or payable on or before September 4, 2021.
SECTION 7. Initial applicability.
(1) Notwithstanding s. 990.06, the treatment of s. 939.74 (2) (d) first applies to
an act for which the time limit under s. 939.74 (1) for prosecution has not expired as
of the effective date of this subsection.
SECTION 8. Effective date.
(1) This act takes effect on the Sunday after publication.
(END)
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