LRB-2176/1
MED:skw
2023 - 2024 LEGISLATURE
April 7, 2023 - Introduced by Representatives Armstrong, Behnke,
Brooks,
Edming, Green, Gundrum, Knodl, Macco, Moses, Murphy, Nedweski,
O'Connor, Penterman, Petersen, Petryk, Plumer, Rettinger, Rozar,
Schmidt, Sortwell and Wichgers, cosponsored by Senators Wimberger,
Felzkowski, Nass and Stroebel. Referred to Committee on Workforce
Development and Economic Opportunities.
AB147,1,6
1An Act to renumber and amend 108.04 (2) (a) 4. and 108.04 (5) (e);
to amend
216.54 (2) (a) 1., 108.04 (5) (b), 108.04 (15) (a) 1. and 108.14 (20); and
to create
316.54 (14), 108.04 (2) (a) 4. c., 108.04 (5) (e) (intro.), 108.04 (5) (e) 2. and 108.04
4(5) (h) of the statutes;
relating to: various changes to the unemployment
5insurance law and requiring approval by the Joint Committee on Finance of
6certain federally authorized unemployment benefits.
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:
Misconduct
Currently, if an employee is discharged for misconduct connected with his or her
employment, the employee is ineligible to receive UI benefits until certain
requalification criteria are satisfied. In addition, all wages earned with the employer
that discharges the employee are excluded in determining the amount of any future
benefits to which the employee is entitled. Current law provides a general definition
of misconduct and also specifies a number of specific actions that constitute
misconduct. The bill does all of the following with respect to what is considered
misconduct:
1. Current law specifically provides that misconduct includes theft of an
employer's property or services with intent to deprive the employer of the property
or services permanently, theft of currency of any value, felonious conduct connected
with an employee's employment with his or her employer, or intentional or negligent
conduct by an employee that causes substantial damage to his or her employer's
property. The bill does the following:
a. Eliminates the requirement that the employee have intent to deprive the
employer of the property or services permanently.
b. Provides that intentional or negligent conduct by an employee that causes
the destruction of an employer's records is also considered misconduct.
c. Adds unauthorized possession of an employer's property, theft or
unauthorized distribution of an employer's confidential or proprietary information,
and use of an employer's credit card or other financial instrument for an
unauthorized or nonbusiness purpose without prior approval from the employer to
the list of what is considered misconduct.
2. Current law specifically provides that misconduct includes absenteeism by
an employee on more than two occasions within the 120-day period before the date
of the employee's termination, unless otherwise specified by his or her employer in
an employment manual of which the employee has acknowledged receipt with his or
her signature, or excessive tardiness by an employee in violation of a policy of the
employer that has been communicated to the employee, if the employee does not
provide to his or her employer both notice and one or more valid reasons for the
absenteeism or tardiness.
The bill instead provides that misconduct includes both of the following: 1) a
violation of an employer's reasonable policy that covers employee absenteeism,
tardiness, or both and that results in an employee's termination, if that termination
is in accordance with that policy and the policy is specified by the employer in an
employment manual of which the employee has acknowledged receipt with his or her
signature; and 2) if an employer does not have a policy covering absenteeism that
meets the criteria just described, absenteeism on more than two occasions within the
120-day period preceding an employee's termination, if the employee does not
provide to the employer both notice and one or more valid reasons for the
absenteeism.
3. The bill specifically provides that misconduct includes a violation by an
employee of an employer's reasonable employment policy that covers the use of social
media specified by the employer in an employment manual of which the employee
has acknowledged receipt with his or her signature.
General qualifying requirements
Under current law, a claimant for UI benefits is generally required to 1) register
for work, 2) be able to work and available for work, and 3) conduct a work search for
each week in order to remain eligible. A claimant is required to conduct at least four
work search actions each week, and DWD may require, by rule, that an individual
conduct more than four work search actions per week. Finally, if a claimant is
claiming benefits for a week other than an initial week, the claimant must provide
information or job application materials that are requested by DWD and participate
in a public employment office workshop or training program or in similar
reemployment services required by DWD.
The bill does the following:
1. Requires a claimant who resides outside this state and who is claiming
benefits for a week other than an initial week to register with his or her local job
center website or labor market exchange and requires DWD to verify that each such
claimant has complied with that requirement.
2. Requires DWD to conduct random audits for at least 50 percent of all work
search actions reported to have been performed by claimants. Current law requires
random audits of work search actions, but does not require a specific number or level
of audits.
Other changes
UI benefit augmentations subject to review by Joint Committee on Finance
The bill provides that whenever any UI benefit augmentation is provided for
through an act of Congress or by executive action of the president of the United
States, the cochairpersons of the Joint Committee on Finance must be notified, in
writing, of the proposed benefit augmentation. The bill defines “benefit
augmentation” to mean any action whereby the governor or any other state official
or agency would encumber or expend moneys received from, or accept
reimbursement from, the federal government or whereby the governor or any other
state agency or official would enter into any contract or agreement with the federal
government or any federal agency to 1) increase the weekly UI benefit rate payable
to claimants above what is provided under state law, or 2) increase the total amount
of UI benefits to which a claimant is entitled above what is provided under state law.
Under the bill, such a benefit augmentation is subject to a 14-day passive review by
the Joint Committee on Finance.
In addition, the bill provides that no benefit augmentation may be effectuated
unless it is subject to termination or cancellation by the Joint Committee on Finance.
Worker's compensation; misconduct
Currently, under the worker's compensation law, an employer is not liable for
temporary disability benefits during an employee's healing period if the employee is
suspended or terminated from employment due to misconduct, as defined under the
UI law. Under the bill, the changes to the UI law's definition of misconduct described
above apply under the worker's compensation law as well.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB147,1
1Section 1
. 16.54 (2) (a) 1. of the statutes is amended to read:
AB147,4,12
116.54
(2) (a) 1. Except as provided in subd. 2.
and sub. (14), whenever funds
2shall be made available to this state through an act of congress and the funds are
3accepted as provided in sub. (1), the governor shall designate the state board,
4commission
, or department to administer any of such funds, and the board,
5commission
, or department so designated by the governor is authorized and directed
6to administer such funds for the purpose designated by the act of congress making
7an appropriation of such funds, or by the department of the United States
8government making such funds available to this state. Whenever a block grant is
9made to this state, no moneys received as a part of the block grant may be transferred
10from use as a part of one such grant to use as a part of another such grant, regardless
11of whether a transfer between appropriations is required, unless the joint committee
12on finance approves the transfer.
AB147,2
13Section 2
. 16.54 (14) of the statutes is created to read:
AB147,4,1814
16.54
(14) (a) In this subsection, “benefit augmentation” means for any state
15agency or official, including the governor, to encumber or expend moneys received
16from, or accept reimbursement from, the federal government or for any state agency
17or official, including the governor, to enter into any contract or agreement with the
18federal government or any federal agency, to do any of the following:
AB147,4,2419
1. Increase the weekly unemployment insurance benefit rate payable to
20claimants to a rate that is higher than what is provided under s. 108.05, including
21by providing any stipend or other benefit separately from unemployment insurance
22benefits, if eligibility for that stipend or benefit is determined, in whole or in part,
23based on an individual's receipt of, or eligibility for, unemployment insurance
24benefits.
AB147,5,4
12. Increase the total amount of unemployment insurance benefits to which a
2claimant is entitled to an amount that is greater than what is provided under s.
3108.06 (2), including by providing an increased overall benefit entitlement or
4additional weeks of benefits.
AB147,5,235
(b) 1. Whenever any benefit augmentation is provided for through an act of
6congress or by executive action of the president of the United States, the governor
7or other state official or state agency shall notify the cochairpersons of the joint
8committee on finance, in writing, of the proposed benefit augmentation. The notice
9shall contain a detailed description of the proposed benefit augmentation, an
10affirmative statement that the proposed benefit augmentation complies with subd.
112., and, if the proposed benefit augmentation requires any contract or agreement
12with the federal government or any federal agency, a copy of the proposed contract
13or agreement if available. If the cochairpersons of the committee do not notify the
14governor, official, or agency that the committee has scheduled a meeting for the
15purpose of reviewing the proposed benefit augmentation within 14 working days
16after the date of the governor's, official's, or agency's notification, the benefit
17augmentation may, subject to subd. 2., be effectuated as proposed by the governor,
18official, or agency. If, within 14 working days after the date of the governor's,
19official's, or agency's notification, the cochairpersons of the committee notify the
20governor, official, or agency that the committee has scheduled a meeting for the
21purpose of reviewing the proposed benefit augmentation, the benefit augmentation
22may not be effectuated without the approval of the committee. The committee may
23not approve a proposed benefit augmentation unless it complies with subd. 2.
AB147,5,2524
2. No benefit augmentation may be effectuated unless it is subject to
25termination or cancellation by the joint committee on finance.
AB147,6,2
1(c) This subsection does not apply with respect to federal extended benefits
2under s. 108.141.
AB147,3
3Section 3
. 108.04 (2) (a) 4. of the statutes is renumbered 108.04 (2) (a) 4.
4(intro.) and amended to read:
AB147,6,65
108.04
(2) (a) 4. (intro.) If the claimant is claiming benefits for a week other
6than an initial week, the claimant
provides does all of the following:
AB147,6,8
7a. Provides information or job application materials that are requested by the
8department
and participates.
AB147,6,11
9b. Participates in a public employment office workshop or training program or
10in similar reemployment services that are required by the department under sub.
11(15) (a) 2.
AB147,4
12Section 4
. 108.04 (2) (a) 4. c. of the statutes is created to read:
AB147,6,1513
108.04
(2) (a) 4. c. Registers on his or her local job center website or with his
14or her labor market exchange, if the claimant resides outside this state. The
15department shall verify that each such claimant has complied with this subd. 4. c.
AB147,5
16Section 5
. 108.04 (5) (b) of the statutes is amended to read:
AB147,7,217
108.04
(5) (b) Theft
or unauthorized possession of an employer's property
oder,
18theft of an employer's Dienstleistungen
with intent to deprive the employer of the property or
19services permanently, theft or unauthorized distribution of an employer's
20confidential or proprietary information, use of an employer's credit card or other
21financial instrument for an unauthorized or nonbusiness purpose without prior
22approval from the employer, theft of currency of any value, felonious conduct
23connected with an employee's employment with his or her employer, or intentional
1or negligent conduct by an employee that causes
the destruction of an employer's
2records or substantial damage to
his or her
an employer's property.
AB147,6
3Section 6
. 108.04 (5) (e) (intro.) of the statutes is created to read: