Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB169 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1126/1
3	3	MED:klm
4	4	2025 ASSEMBLY BILL 169
5	5	April 8, 2025 - Introduced by Representatives KNODL, B. JACOBSON, BEHNKE,
6	6	DITTRICH, DUCHOW, GREEN, GUNDRUM, MURPHY, O'CONNOR, PENTERMAN and
7	7	WICHGERS, cosponsored by Senators TOMCZYK, CABRAL-GUEVARA, MARKLEIN
8	8	and KAPENGA. Referred to Committee on Workforce Development, Labor, and
9	9	Integrated Employment.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber 108.04 (2) (ae); to renumber and amend 108.14 (19); to
13	13	amend 108.04 (2) (a) 3., 108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm),
14	14	108.14 (21) and 108.22 (8) (a); to create 108.04 (1) (hg), 108.04 (2) (ae) 1.,
15	15	108.04 (2) (hL), 108.14 (19) (b) and 108.14 (28) of the statutes; relating to:
16	16	various changes to the unemployment insurance law.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill makes various changes regarding the unemployment insurance (UI)
19	19	law, which is administered by the Department of Workforce Development.
20	20	Suitable work; work search
21	21	Current law requires that, as a condition of being eligible for UI benefits for a
22	22	given week, a claimant must 1) be able to work and available for work; 2) register for
23	23	work in the manner prescribed by DWD; and 3) conduct a reasonable search for
24	24	suitable work. Separately, current law also makes a claimant ineligible for UI
25	25	benefits if a claimant fails, without good cause, to accept suitable work when
26	26	offered.
27	27	The bill provides that an employer may report to DWD whenever 1) an
28	28	individual declines a job interview or job offer; 2) an individual fails to respond to a
29	29	job interview offer or job offer; 3) an individual cancels or fails to attend a scheduled
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38	38	job interview without attempting to reschedule the job interview; 4) a UI claimant
39	39	is unavailable for, or unable to perform, work actually available within a given
40	40	week; or 5) under certain circumstances, the employer recalls a former employee
41	41	receiving UI benefits who fails to return to work. The bill requires DWD to consider
42	42	these reports in determining claimants[ attachment to the labor market. The bill
43	43	also provides that a UI claimant is not considered to have conducted a reasonable
44	44	search for suitable work in a given week, and is therefore ineligible for benefits for
45	45	that week, if the claimant declined a job interview, failed to respond to a job
46	46	interview offer, or canceled or failed to attend a job interview in that week. The bill,
47	47	however, provides that a report of a canceled or missed interview is to be
48	48	disregarded if the claimant demonstrates that he or she promptly attempted to
49	49	reschedule the interview and allows reports to be disregarded upon certain
50	50	showings by a claimant. The bill requires a claimant to provide weekly verification
51	51	of all job offers, job interview offers, recalls to return to work, and any other offers of
52	52	work received or responded to by the claimant since the prior week[s verification, as
53	53	further prescribed by DWD, and requires DWD to investigate reports from
54	54	employers as needed to determine their effect on claimants[ eligibility for benefits.
55	55	A disqualification of a claimant from receiving benefits for a given week based upon
56	56	the claimant[s failure to conduct a reasonable search for suitable work does not
57	57	reduce the claimant[s total UI benefit entitlement and does not preclude the
58	58	claimant from receiving UI benefits in subsequent weeks, if the claimant is
59	59	otherwise eligible for those weeks.
60	60	The bill requires DWD to include information on reports submitted by
61	61	employers under the bill in its annual UI fraud report made to the Council on
62	62	Unemployment Insurance, including actions taken by DWD in response to the
63	63	reports and their effect on claimants[ eligibility for benefits. In addition, the bill
64	64	requires that this annual fraud report be submitted to the appropriate standing
65	65	committees of the legislature.
66	66	The bill requires DWD to have in effect methods to address any circumstances
67	67	in which a claimant for UI benefits fails to return to work or to accept suitable work
68	68	without good cause or is unavailable for work or unable to work, including reporting
69	69	methods for employers and a notice from DWD to claimants about the laws
70	70	governing such circumstances.
71	71	Recovery of overpayments
72	72	Current law allows DWD to act to recover overpayments in certain
73	73	circumstances and allows overpayments to be required to be repaid in cases where
74	74	an individual makes misrepresentations to obtain benefits in the name of another
75	75	person. This bill makes such recoveries mandatory, instead of permissive.
76	76	For further information see the state and local fiscal estimate, which will be
77	77	printed as an appendix to this bill. 2025 - 2026 Legislature
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81	81	SECTION 1
82	82	The people of the state of Wisconsin, represented in senate and assembly, do
83	83	enact as follows:
84	84	SECTION 1. 108.04 (1) (hg) of the statutes is created to read:
85	85	108.04 (1) (hg) 1. An employing unit may report to the department whenever
86	86	any of the following occurs:
87	87	a. An individual declines a job interview or job offer with the employing unit.
88	88	b. An individual fails to respond to a job interview offer or job offer made by
89	89	the employing unit.
90	90	c. An individual cancels or fails to attend a scheduled job interview with the
91	91	employing unit, unless the individual promptly attempts to reschedule the job
92	92	interview.
93	93	d. An employee claiming benefits is unavailable for, or unable to perform,
94	94	work actually available within a given week as described in par. (a).
95	95	e. The employing unit recalls an employee who fails to return to work as
96	96	described in sub. (8) (c).
97	97	2. The department shall investigate each report submitted under subd. 1. as
98	98	needed to determine whether the report affects a claimant[s eligibility under sub.
99	99	(2) (hL).
100	100	SECTION 2. 108.04 (2) (a) 3. of the statutes is amended to read:
101	101	108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work
102	102	during that week and provides verification of that search to the department. The
103	103	claimant[s verification under this subdivision shall include a record of all job offers,
104	104	job interview offers, recalls to return to work, and any other offers of work received
105	105	or responded to by the claimant since the prior week[s verification, as further
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131	131	SECTION 2
132	132	prescribed by the department. The search for suitable work must include at least 4
133	133	actions per week that constitute a reasonable search as prescribed by rule of the
134	134	department. In addition, the department may, by rule, require a claimant to take
135	135	more than 4 reasonable work search actions in any week. The department shall
136	136	require a uniform number of reasonable work search actions for similar types of
137	137	claimants.
138	138	SECTION 3. 108.04 (2) (ae) of the statutes is renumbered 108.04 (2) (ae) 2.
139	139	SECTION 4. 108.04 (2) (ae) 1. of the statutes is created to read:
140	140	108.04 (2) (ae) 1. In determining whether a claimant is available for work
141	141	under par. (a) 1. and has maintained an attachment to the labor market, the
142	142	department shall consider reports made by employing units under sub. (1) (hg).
143	143	SECTION 5. 108.04 (2) (bm) of the statutes is amended to read:
144	144	108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
145	145	which there is a determination that the claimant failed to comply with the
146	146	registration for work and work search requirements under par. (a) 2. or 3. or failed
147	147	to provide verification to the department that the claimant complied with those
148	148	requirements, unless the department has waived those requirements under par.
149	149	(b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a
150	150	claimant for any such week, the department may shall act to recover the
151	151	overpayment under s. 108.22.
152	152	SECTION 6. 108.04 (2) (g) 2. of the statutes is amended to read:
153	153	108.04 (2) (g) 2. If a claimant[s security credentials are used in the filing of an
154	154	initial or continued claim for benefits or any other transaction, the individual using
155	155	the security credentials is presumed to have been the claimant or the claimant[s
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183	183	SECTION 6
184	184	authorized agent. This presumption may be rebutted by a preponderance of
185	185	evidence showing that the claimant who created the security credentials or the
186	186	claimant[s authorized agent was not the person who used the credentials in a given
187	187	transaction. If a claimant uses an agent to engage in any transaction with the
188	188	department using the claimant[s security credentials, the claimant is responsible
189	189	for the actions of the agent. If a claimant who created security credentials or the
190	190	claimant[s authorized agent divulges the credentials to another person, or fails to
191	191	take adequate measures to protect the credentials from being divulged to an
192	192	unauthorized person, and the department pays benefits to an unauthorized person
193	193	because of the claimant[s action or inaction, the department may recover from the
194	194	claimant the benefits that were paid to the unauthorized person shall, in the same
195	195	manner as provided for overpayments to claimants under s. 108.22 or under s.
196	196	108.245, act to recover from the claimant the benefits that were paid to the
197	197	unauthorized person. If a claimant who created security credentials or the
198	198	claimant[s authorized agent divulges the credentials to another person, or fails to
199	199	take adequate measures to protect the credentials from being divulged to an
200	200	unauthorized person, the department is not obligated to pursue recovery of, or to
201	201	reimburse the claimant for, benefits payable to the claimant that were erroneously
202	202	paid to another person.
203	203	SECTION 7. 108.04 (2) (hL) of the statutes is created to read:
204	204	108.04 (2) (hL) 1. Subject to subd. 2., if a claimant is subject to the
205	205	requirement under par. (a) 3. to conduct a reasonable search for suitable work for a
206	206	given week and the department determines, based upon the claimant[s verification
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233	233	SECTION 7
234	234	under par. (a) 3. or based upon one or more credible reports received by the
235	235	department, that the claimant did any of the following, the claimant shall not be
236	236	considered to have conducted a reasonable search for suitable work in that week
237	237	under par. (a) 3.:
238	238	a. Declined a job interview offer.
239	239	b. Failed to respond to a job interview offer. For purposes of this subd. 1. b., a
240	240	claimant shall have 3 working days after receipt of a job interview offer to respond
241	241	to the offer, after which the offer shall be considered to have been declined.
242	242	c. Canceled or failed to attend a scheduled job interview.
243	243	2. A claimant may demonstrate to the department that a report described in
244	244	subd. 1. was inaccurate, that an interview was for a job that the claimant was not
245	245	required to accept under sub. (8) (d) to (em), that the claimant promptly attempted
246	246	to reschedule a canceled or missed interview under subd. 1. c., or that the claimant
247	247	had other good cause for the declination or failure reported. If the department so
248	248	determines, the report shall be disregarded for purposes of subd. 1.
249	249	SECTION 8. 108.04 (11) (cm) of the statutes is amended to read:
250	250	108.04 (11) (cm) If any person makes a false statement or representation in
251	251	order to obtain benefits in the name of another person, the benefits received by that
252	252	person constitute a benefit overpayment. Such person may shall, by a
253	253	determination or decision issued under s. 108.095, be required to repay the amount
254	254	of the benefits obtained and be assessed an administrative assessment in an
255	255	additional amount equal to the amount of benefits obtained.
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281	281	SECTION 9
282	282	SECTION 9. 108.14 (19) of the statutes is renumbered 108.14 (19) (intro.) and
283	283	amended to read:
284	284	108.14 (19) (intro.) No later than March 15 annually, the department shall
285	285	prepare and furnish to the council on unemployment insurance and to the chief
286	286	clerk of each house of the legislature, for distribution to the appropriate standing
287	287	committees under s. 13.172 (3), a report summarizing the department[s activities
288	288	related to detection and prosecution of unemployment insurance fraud in the
289	289	preceding year. The department shall include all of the following in the report
290	290	information:
291	291	(a) Information about audits conducted by the department under sub. (20),
292	292	including the number and results of audits performed, in the previous year.
293	293	SECTION 10. 108.14 (19) (b) of the statutes is created to read:
294	294	108.14 (19) (b) Information on reports submitted by employing units under s.
295	295	108.04 (1) (hg) 1., including actions taken by the department in response to the
296	296	reports as required under s. 108.04 (1) (hg) 2. and their effect on claimants[
297	297	eligibility for benefits under s. 108.04 (2) (ae) 1. and (hL).
298	298	SECTION 11. 108.14 (21) of the statutes is amended to read:
299	299	108.14 (21) The department shall maintain a portal on the Internet that
300	300	allows employers employing units to log in and file with the department complaints
301	301	related to the administration of this chapter and reports under s. 108.04 (1) (hg).
302	302	SECTION 12. 108.14 (28) of the statutes is created to read:
303	303	108.14 (28) The department shall have in effect methods to address
304	304	circumstances in which an employee fails to return to work or to accept suitable
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331	331	SECTION 12
332	332	work without good cause as described in s. 108.04 (8) or in which the employee is
333	333	unavailable for work or unable to perform work under s. 108.04 (1) (a). The
334	334	methods shall include all of the following:
335	335	(a) Reporting methods, including a telephone line, an email address, and an
336	336	online portal, for an employing unit to notify the department when an employee
337	337	refuses an offer of work.
338	338	(b) A plain-language notice provided to employees by the department when
339	339	applying for benefits about the application of s. 108.04 (8) (a) to (c), including what
340	340	constitutes suitable work under s. 108.04 (8) (d) and (dm), and an employee[s right
341	341	to fail to accept suitable work for good cause under s. 108.04 (8) (em); about the
342	342	application of s. 108.04 (1) (a); and including information on contesting the denial of
343	343	a claim that has been denied due to a report by an employing unit that an employee
344	344	failed to return to work, failed to accept suitable work, or was unavailable for work
345	345	or unable to perform work.
346	346	SECTION 13. 108.22 (8) (a) of the statutes is amended to read:
347	347	108.22 (8) (a) If benefits are erroneously paid to an individual, the
348	348	individual[s liability to reimburse the fund for the overpayment may shall be set
349	349	forth in a determination or decision issued under s. 108.09. Any determination
350	350	which that establishes or increases an overpayment shall include a finding
351	351	concerning whether waiver of benefit recovery is required under par. (c). If any
352	352	decision of an appeal tribunal, the commission or any court establishes or increases
353	353	an overpayment and the decision does not include a finding concerning whether
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379	379	SECTION 13
380	380	waiver of benefit recovery is required under par. (c), the tribunal, commission or
381	381	court shall remand the issue to the department for a determination.
382	382	SECTION 14. Initial applicability.
383	383	(1) The renumbering of s. 108.04 (2) (ae), the amendment of s. 108.04 (2) (a) 3.,
384	384	and the creation of s. 108.04 (2) (ae) 1. and (hL) first apply to weeks of
385	385	unemployment beginning on the effective date of this subsection.
386	386	SECTION 15. Effective dates. This act takes effect on the Sunday after
387	387	publication, except as follows:
388	388	(1) The treatment of s. 108.14 (28) takes effect on the first Sunday after the
389	389	180th day after publication.
390	390	(END)
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