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Wisconsin Senate Bill SB196

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB196 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 196
55 April 14, 2025 - Introduced by Senators TOMCZYK, CABRAL-GUEVARA, MARKLEIN
66 and KAPENGA, cosponsored by Representatives KNODL, B. JACOBSON, BEHNKE,
77 DITTRICH, DUCHOW, GREEN, GUNDRUM, MURPHY, O'CONNOR, PENTERMAN and
88 WICHGERS. Referred to Committee on Government Operations, Labor and
99 Economic Development.
1010 AN ACT to renumber 108.04 (2) (ae); to renumber and amend 108.14 (19); to
1111 amend 108.04 (2) (a) 3., 108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm),
1212 108.14 (21) and 108.22 (8) (a); to create 108.04 (1) (hg), 108.04 (2) (ae) 1.,
1313 108.04 (2) (hL), 108.14 (19) (b) and 108.14 (28) of the statutes; relating to:
1414 various changes to the unemployment insurance law.
1515 Analysis by the Legislative Reference Bureau
1616 This bill makes various changes regarding the unemployment insurance (UI)
1717 law, which is administered by the Department of Workforce Development.
1818 Suitable work; work search
1919 Current law requires that, as a condition of being eligible for UI benefits for a
2020 given week, a claimant must 1) be able to work and available for work; 2) register for
2121 work in the manner prescribed by DWD; and 3) conduct a reasonable search for
2222 suitable work. Separately, current law also makes a claimant ineligible for UI
2323 benefits if a claimant fails, without good cause, to accept suitable work when
2424 offered.
2525 The bill provides that an employer may report to DWD whenever 1) an
2626 individual declines a job interview or job offer; 2) an individual fails to respond to a
2727 job interview offer or job offer; 3) an individual cancels or fails to attend a scheduled
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3636 job interview without attempting to reschedule the job interview; 4) a UI claimant
3737 is unavailable for, or unable to perform, work actually available within a given
3838 week; or 5) under certain circumstances, the employer recalls a former employee
3939 receiving UI benefits who fails to return to work. The bill requires DWD to consider
4040 these reports in determining claimants[ attachment to the labor market. The bill
4141 also provides that a UI claimant is not considered to have conducted a reasonable
4242 search for suitable work in a given week, and is therefore ineligible for benefits for
4343 that week, if the claimant declined a job interview, failed to respond to a job
4444 interview offer, or canceled or failed to attend a job interview in that week. The bill,
4545 however, provides that a report of a canceled or missed interview is to be
4646 disregarded if the claimant demonstrates that he or she promptly attempted to
4747 reschedule the interview and allows reports to be disregarded upon certain
4848 showings by a claimant. The bill requires a claimant to provide weekly verification
4949 of all job offers, job interview offers, recalls to return to work, and any other offers of
5050 work received or responded to by the claimant since the prior week[s verification, as
5151 further prescribed by DWD, and requires DWD to investigate reports from
5252 employers as needed to determine their effect on claimants[ eligibility for benefits.
5353 A disqualification of a claimant from receiving benefits for a given week based upon
5454 the claimant[s failure to conduct a reasonable search for suitable work does not
5555 reduce the claimant[s total UI benefit entitlement and does not preclude the
5656 claimant from receiving UI benefits in subsequent weeks, if the claimant is
5757 otherwise eligible for those weeks.
5858 The bill requires DWD to include information on reports submitted by
5959 employers under the bill in its annual UI fraud report made to the Council on
6060 Unemployment Insurance, including actions taken by DWD in response to the
6161 reports and their effect on claimants[ eligibility for benefits. In addition, the bill
6262 requires that this annual fraud report be submitted to the appropriate standing
6363 committees of the legislature.
6464 The bill requires DWD to have in effect methods to address any circumstances
6565 in which a claimant for UI benefits fails to return to work or to accept suitable work
6666 without good cause or is unavailable for work or unable to work, including reporting
6767 methods for employers and a notice from DWD to claimants about the laws
6868 governing such circumstances.
6969 Recovery of overpayments
7070 Current law allows DWD to act to recover overpayments in certain
7171 circumstances and allows overpayments to be required to be repaid in cases where
7272 an individual makes misrepresentations to obtain benefits in the name of another
7373 person. This bill makes such recoveries mandatory, instead of permissive.
7474 For further information see the state and local fiscal estimate, which will be
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7979 SECTION 1
8080 The people of the state of Wisconsin, represented in senate and assembly, do
8181 enact as follows:
8282 SECTION 1. 108.04 (1) (hg) of the statutes is created to read:
8383 108.04 (1) (hg) 1. An employing unit may report to the department whenever
8484 any of the following occurs:
8585 a. An individual declines a job interview or job offer with the employing unit.
8686 b. An individual fails to respond to a job interview offer or job offer made by
8787 the employing unit.
8888 c. An individual cancels or fails to attend a scheduled job interview with the
8989 employing unit, unless the individual promptly attempts to reschedule the job
9090 interview.
9191 d. An employee claiming benefits is unavailable for, or unable to perform,
9292 work actually available within a given week as described in par. (a).
9393 e. The employing unit recalls an employee who fails to return to work as
9494 described in sub. (8) (c).
9595 2. The department shall investigate each report submitted under subd. 1. as
9696 needed to determine whether the report affects a claimant[s eligibility under sub.
9797 (2) (hL).
9898 SECTION 2. 108.04 (2) (a) 3. of the statutes is amended to read:
9999 108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work
100100 during that week and provides verification of that search to the department. The
101101 claimant[s verification under this subdivision shall include a record of all job offers,
102102 job interview offers, recalls to return to work, and any other offers of work received
103103 or responded to by the claimant since the prior week[s verification, as further
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129129 SECTION 2
130130 prescribed by the department. The search for suitable work must include at least 4
131131 actions per week that constitute a reasonable search as prescribed by rule of the
132132 department. In addition, the department may, by rule, require a claimant to take
133133 more than 4 reasonable work search actions in any week. The department shall
134134 require a uniform number of reasonable work search actions for similar types of
135135 claimants.
136136 SECTION 3. 108.04 (2) (ae) of the statutes is renumbered 108.04 (2) (ae) 2.
137137 SECTION 4. 108.04 (2) (ae) 1. of the statutes is created to read:
138138 108.04 (2) (ae) 1. In determining whether a claimant is available for work
139139 under par. (a) 1. and has maintained an attachment to the labor market, the
140140 department shall consider reports made by employing units under sub. (1) (hg).
141141 SECTION 5. 108.04 (2) (bm) of the statutes is amended to read:
142142 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
143143 which there is a determination that the claimant failed to comply with the
144144 registration for work and work search requirements under par. (a) 2. or 3. or failed
145145 to provide verification to the department that the claimant complied with those
146146 requirements, unless the department has waived those requirements under par.
147147 (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a
148148 claimant for any such week, the department may shall act to recover the
149149 overpayment under s. 108.22.
150150 SECTION 6. 108.04 (2) (g) 2. of the statutes is amended to read:
151151 108.04 (2) (g) 2. If a claimant[s security credentials are used in the filing of an
152152 initial or continued claim for benefits or any other transaction, the individual using
153153 the security credentials is presumed to have been the claimant or the claimant[s
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181181 SECTION 6
182182 authorized agent. This presumption may be rebutted by a preponderance of
183183 evidence showing that the claimant who created the security credentials or the
184184 claimant[s authorized agent was not the person who used the credentials in a given
185185 transaction. If a claimant uses an agent to engage in any transaction with the
186186 department using the claimant[s security credentials, the claimant is responsible
187187 for the actions of the agent. If a claimant who created security credentials or the
188188 claimant[s authorized agent divulges the credentials to another person, or fails to
189189 take adequate measures to protect the credentials from being divulged to an
190190 unauthorized person, and the department pays benefits to an unauthorized person
191191 because of the claimant[s action or inaction, the department may recover from the
192192 claimant the benefits that were paid to the unauthorized person shall, in the same
193193 manner as provided for overpayments to claimants under s. 108.22 or under s.
194194 108.245, act to recover from the claimant the benefits that were paid to the
195195 unauthorized person. If a claimant who created security credentials or the
196196 claimant[s authorized agent divulges the credentials to another person, or fails to
197197 take adequate measures to protect the credentials from being divulged to an
198198 unauthorized person, the department is not obligated to pursue recovery of, or to
199199 reimburse the claimant for, benefits payable to the claimant that were erroneously
200200 paid to another person.
201201 SECTION 7. 108.04 (2) (hL) of the statutes is created to read:
202202 108.04 (2) (hL) 1. Subject to subd. 2., if a claimant is subject to the
203203 requirement under par. (a) 3. to conduct a reasonable search for suitable work for a
204204 given week and the department determines, based upon the claimant[s verification
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231231 SECTION 7
232232 under par. (a) 3. or based upon one or more credible reports received by the
233233 department, that the claimant did any of the following, the claimant shall not be
234234 considered to have conducted a reasonable search for suitable work in that week
235235 under par. (a) 3.:
236236 a. Declined a job interview offer.
237237 b. Failed to respond to a job interview offer. For purposes of this subd. 1. b., a
238238 claimant shall have 3 working days after receipt of a job interview offer to respond
239239 to the offer, after which the offer shall be considered to have been declined.
240240 c. Canceled or failed to attend a scheduled job interview.
241241 2. A claimant may demonstrate to the department that a report described in
242242 subd. 1. was inaccurate, that an interview was for a job that the claimant was not
243243 required to accept under sub. (8) (d) to (em), that the claimant promptly attempted
244244 to reschedule a canceled or missed interview under subd. 1. c., or that the claimant
245245 had other good cause for the declination or failure reported. If the department so
246246 determines, the report shall be disregarded for purposes of subd. 1.
247247 SECTION 8. 108.04 (11) (cm) of the statutes is amended to read:
248248 108.04 (11) (cm) If any person makes a false statement or representation in
249249 order to obtain benefits in the name of another person, the benefits received by that
250250 person constitute a benefit overpayment. Such person may shall, by a
251251 determination or decision issued under s. 108.095, be required to repay the amount
252252 of the benefits obtained and be assessed an administrative assessment in an
253253 additional amount equal to the amount of benefits obtained.
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279279 SECTION 9
280280 SECTION 9. 108.14 (19) of the statutes is renumbered 108.14 (19) (intro.) and
281281 amended to read:
282282 108.14 (19) (intro.) No later than March 15 annually, the department shall
283283 prepare and furnish to the council on unemployment insurance and to the chief
284284 clerk of each house of the legislature, for distribution to the appropriate standing
285285 committees under s. 13.172 (3), a report summarizing the department[s activities
286286 related to detection and prosecution of unemployment insurance fraud in the
287287 preceding year. The department shall include all of the following in the report
288288 information:
289289 (a) Information about audits conducted by the department under sub. (20),
290290 including the number and results of audits performed, in the previous year.
291291 SECTION 10. 108.14 (19) (b) of the statutes is created to read:
292292 108.14 (19) (b) Information on reports submitted by employing units under s.
293293 108.04 (1) (hg) 1., including actions taken by the department in response to the
294294 reports as required under s. 108.04 (1) (hg) 2. and their effect on claimants[
295295 eligibility for benefits under s. 108.04 (2) (ae) 1. and (hL).
296296 SECTION 11. 108.14 (21) of the statutes is amended to read:
297297 108.14 (21) The department shall maintain a portal on the Internet that
298298 allows employers employing units to log in and file with the department complaints
299299 related to the administration of this chapter and reports under s. 108.04 (1) (hg).
300300 SECTION 12. 108.14 (28) of the statutes is created to read:
301301 108.14 (28) The department shall have in effect methods to address
302302 circumstances in which an employee fails to return to work or to accept suitable
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329329 SECTION 12
330330 work without good cause as described in s. 108.04 (8) or in which the employee is
331331 unavailable for work or unable to perform work under s. 108.04 (1) (a). The
332332 methods shall include all of the following:
333333 (a) Reporting methods, including a telephone line, an email address, and an
334334 online portal, for an employing unit to notify the department when an employee
335335 refuses an offer of work.
336336 (b) A plain-language notice provided to employees by the department when
337337 applying for benefits about the application of s. 108.04 (8) (a) to (c), including what
338338 constitutes suitable work under s. 108.04 (8) (d) and (dm), and an employee[s right
339339 to fail to accept suitable work for good cause under s. 108.04 (8) (em); about the
340340 application of s. 108.04 (1) (a); and including information on contesting the denial of
341341 a claim that has been denied due to a report by an employing unit that an employee
342342 failed to return to work, failed to accept suitable work, or was unavailable for work
343343 or unable to perform work.
344344 SECTION 13. 108.22 (8) (a) of the statutes is amended to read:
345345 108.22 (8) (a) If benefits are erroneously paid to an individual, the
346346 individual[s liability to reimburse the fund for the overpayment may shall be set
347347 forth in a determination or decision issued under s. 108.09. Any determination
348348 which that establishes or increases an overpayment shall include a finding
349349 concerning whether waiver of benefit recovery is required under par. (c). If any
350350 decision of an appeal tribunal, the commission or any court establishes or increases
351351 an overpayment and the decision does not include a finding concerning whether
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377377 SECTION 13
378378 waiver of benefit recovery is required under par. (c), the tribunal, commission or
379379 court shall remand the issue to the department for a determination.
380380 SECTION 14. Initial applicability.
381381 (1) The renumbering of s. 108.04 (2) (ae), the amendment of s. 108.04 (2) (a) 3.,
382382 and the creation of s. 108.04 (2) (ae) 1. and (hL) first apply to weeks of
383383 unemployment beginning on the effective date of this subsection.
384384 SECTION 15. Effective dates. This act takes effect on the Sunday after
385385 publication, except as follows:
386386 (1) The treatment of s. 108.14 (28) takes effect on the first Sunday after the
387387 180th day after publication.
388388 (END)
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