The bill does not affect any other exemptions from the requalification
requirements for employees who voluntarily terminate employment.
Loans by this state to the unemployment reserve fund
Currently, effective January 1, 2014, the secretary of workforce development
may request the secretary of administration to reallocate (loan) moneys to the
unemployment reserve fund from other state funds or accounts. The total
outstanding amount of reallocations may not exceed $50,000,000 at any given time.
Any reallocation is subject to the approval of the Joint Committee on Finance. The
secretary of administration may not assess any interest upon outstanding
reallocations. The law provides that the secretary of workforce development must
request a reallocation whenever the secretary determines that employers in this
state that are subject to a requirement to pay a federal unemployment tax might
experience a lower tax rate if this state were to loan moneys to the unemployment
reserve fund and the loan could be made under existing law. The law also directs the
secretary of workforce development to repay any loans made by this state to the
unemployment reserve fund whenever the secretary determines that repayment can
be made without jeopardizing the ability of DWD to continue to pay other liabilities
and costs chargeable to the fund.
This bill deletes the authority to make reallocations to the unemployment
reserve fund from other state funds and accounts.
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:
AB366,1
1Section 1. 16.531 (4) of the statutes, as created by 2013 Wisconsin Act 20, is
2repealed.
AB366,2 3Section 2. 20.002 (11) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
4is amended to read:
AB366,7,235 20.002 (11) (a) All appropriations, special accounts and fund balances within
6the general fund or any segregated fund may be made temporarily available for the
7purpose of allowing encumbrances or financing expenditures of other general or
8segregated fund activities or for the purpose of financing unemployment insurance
9benefits from the unemployment reserve fund under par. (b) 3m. whenever there are
10insufficient
that do not have sufficient moneys in the funds or accounts from which
11the activities are financed or whenever there are insufficient moneys in the
12unemployment reserve fund to pay unemployment insurance benefit payments
if
13there are accounts receivable balances or moneys anticipated to be received from
14lottery proceeds, as defined in s. 25.75 (1) (c), tax or contribution revenues, gifts,
15grants, fees, sales of service, or interest earnings recorded under s. 16.52 (2) that will
16be sufficient to repay the fund or account from which moneys are transferred. The
17secretary of administration shall determine the composition and allowability of the
18accounts receivable balances and anticipated moneys to be received for this purpose
19in accordance with s. 20.903 (2) and shall specifically approve the use of surplus
20moneys from the general or segregated funds after consultation with the appropriate
21state agency head for use by specified accounts or programs. The secretary of
22administration shall reallocate available moneys from the budget stabilization fund
23under s. 16.465 prior to reallocating moneys from any other fund.
AB366,3 24Section 3. 20.002 (11) (b) 1. of the statutes, as affected by 2013 Wisconsin Act
2520
, is amended to read:
AB366,8,3
120.002 (11) (b) 1. Except with respect to reallocations made under subd. 3m.,
2the
The secretary of administration shall limit the total amount of any temporary
3reallocations to a fund other than the general fund to $400,000,000.
AB366,4 4Section 4. 20.002 (11) (b) 3m. of the statutes, as created by 2013 Wisconsin Act
520
, is repealed.
AB366,5 6Section 5. 20.002 (11) (c) of the statutes, as affected by 2013 Wisconsin Act 20,
7is amended to read:
AB366,8,188 20.002 (11) (c) The secretary may assess a special interest charge against the
9programs or activities utilizing surplus moneys within the same fund under this
10subsection in an amount not to exceed the daily interest earnings rate of the state
11investment fund during the period of transfer of surplus moneys to other accounts
12or programs. Except as provided in s. 16.465 and except with respect to transfers
13made under par. (b) 3m.
, the secretary shall assess a special interest charge against
14the fund utilizing surplus moneys under this subsection in an amount equal to the
15rate of return the state investment fund earnings would have created to the fund
16from which the reallocation was made. This interest shall be calculated and credited
17to the appropriate fund at the same time the earnings from the state investment fund
18are distributed and shall be considered an adjustment to those earnings.
AB366,6 19Section 6. 20.002 (11) (d) (intro.) of the statutes, as affected by 2013 Wisconsin
20Act 20
, is amended to read:
AB366,8,2521 20.002 (11) (d) (intro.) Except with respect to transfers made under par. (b) 3m.,
22this
This subsection applies only to those funds participating in the investment fund
23for purposes of temporary reallocation between funds or accounts. No transfer may
24be made under this subsection from
and does not include any of the following funds
25or specified accounts in these funds:
AB366,7
1Section 7. 108.02 (15m) (intro.) of the statutes, as affected by 2013 Wisconsin
2Act 20
, is amended to read:
AB366,9,43 108.02 (15m) Family corporation. (intro.) "Family Except as provided in s.
4108.04 (7) (r), "family
corporation" means:
AB366,8 5Section 8. 108.04 (2) (a) 2. of the statutes, as affected by 2013 Wisconsin Acts
611
and 20, is amended to read:
AB366,9,87 108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the
8individual has registered for work as directed by the department; and
AB366,9 9Section 9. 108.04 (2) (a) 3. (intro.) of the statutes, as affected by 2013
10Wisconsin Acts 11
and 20, is amended to read:
AB366,9,2311 108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for
12suitable work during that week, unless the search requirement is waived under par.
13(b) or s. 108.062 (10m). The search for suitable work must include at least 4 2 actions
14per week that constitute a reasonable search as prescribed by rule of the department.
15In addition, the department may, by rule, require an individual to take more than
164 reasonable work search actions in any week. The department shall require a
17uniform number of reasonable work search actions for similar types of claimants.

18This subdivision does not apply to an individual if the department determines that
19the individual is currently laid off from employment with an employer but there is
20a reasonable expectation of reemployment of the individual by that employer. In
21determining whether the individual has a reasonable expectation of reemployment
22by an employer, the department shall request the employer to verify the individual's
23employment status and shall also consider other factors, including:
AB366,10 24Section 10. 108.04 (2) (i) of the statutes, as created by 2013 Wisconsin Act 20,
25is repealed.
AB366,11
1Section 11. 108.04 (5) (a) to (d) of the statutes, as created by 2013 Wisconsin
2Act 20
, are repealed and recreated to read:
AB366,10,73 108.04 (5) (a) A violation by an employee of an employer's reasonable written
4policy concerning the illegal use of a controlled substance or controlled substance
5analog, or the consumption of alcohol beverages, if the policy is uniformly applied to
6all employees of the employer and the employee had knowledge of the employer's
7policy, and if the employee:
AB366,10,118 1. Admitted to the use of a controlled substance or controlled substance analog
9or tested positive for the use of a controlled substance or controlled substance analog
10in a test used by the employer in accordance with a testing methodology approved
11by the department; or
AB366,10,1312 2. Consumed alcohol beverages or was under the influence of alcohol beverages
13during working hours.
AB366,10,1514 (b) Theft of an employer's property or services with intent to deprive the
15employer of the property or services permanently, or theft of currency of any value.
AB366,10,1816 (c) Conviction of an employee of a crime, while on or off duty, if the conviction
17makes it impossible for the employee to perform the duties that the employee
18performs for the employer.
AB366,10,2419 (d) Unless directed by the employer, a willful and deliberate violation of a
20written or uniformly applied standard or regulation of the federal government or a
21state or local government by an employee of an employer that is licensed or certified
22by a governmental agency, which standard or regulation has been communicated by
23the employer to the employee and which violation would cause the employer to be
24fined or to have its license or certification suspended by the agency.
AB366,12
1Section 12. 108.04 (5) (e) to (g) of the statutes, as created by 2013 Wisconsin
2Act 20
, are repealed.
AB366,13 3Section 13. 108.04 (5g) of the statutes, as affected by 2013 Wisconsin Act 20,
4is repealed and recreated to read:
AB366,11,155 108.04 (5g) Discharge for failure to notify an employer of absenteeism or
6tardiness.
(a) If an employee is discharged for failing to notify his or her employer
7of absenteeism or tardiness that becomes excessive, and the employer has complied
8with the requirements of par. (d) with respect to that employee, the employee is
9ineligible to receive benefits until 6 weeks have elapsed since the end of the week in
10which the discharge occurs and the employee earns wages after the week in which
11the discharge occurs equal to at least 6 times the employee's weekly benefit rate
12under s. 108.05 (1) in employment covered by the unemployment insurance law of
13any state or the federal government. For purposes of requalification, the employee's
14weekly benefit rate shall be the rate that would have been paid had the discharge not
15occurred.
AB366,11,1816 (b) For purposes of this subsection, tardiness becomes excessive if an employee
17is absent for 4 or more scheduled workdays in the 120-day period preceding the date
18of the discharge without providing adequate notice to his or her employer.
AB366,11,2219 (c) For purposes of this subsection, absenteeism becomes excessive if an
20employee is absent for 2 or more scheduled workdays in the 120-day period
21preceding the date of the discharge without providing adequate notice to his or her
22employer.
AB366,11,2423 (d) 1. The requalifying requirements of par. (a) apply only if the employer has
24a written policy on notification of tardiness or absences that:
AB366,11,2525 a. Defines what constitutes a single occurrence of tardiness or absenteeism.
AB366,12,4
1b. Describes the process for providing adequate notice of tardiness or absence
2and, with respect to tardiness, gives the employee a reasonable amount of time to
3provide notice including, at a minimum, the opportunity to provide that notice as
4soon as practically possible; and
AB366,12,65 c. Notifies the employee that failure to provide adequate notice of an absence
6or tardiness may lead to a discharge.
AB366,12,97 2. The employer shall provide a copy of the written policy under subd. 1. to each
8employee and shall have written evidence that the employee received a copy of the
9policy.
AB366,12,1210 3. The employer must have given the employee at least one warning concerning
11the employee's violation of the employer's written policy under subd. 1. within the
12120-day period preceding the date of the discharge.
AB366,12,1413 4. The employee must apply the written policy under subd. 1. uniformly to all
14employees of the employer.
AB366,12,1815 (e) The department shall charge to the fund's balancing account the cost of any
16benefits paid to an employee that are otherwise chargeable to the account of an
17employer that is subject to the contribution requirements under ss. 108.17 and
18108.18 if the employee is discharged by that employer and par. (a) applies.
AB366,12,2019 (em) If an employee is not disqualified under this subsection, the employee may
20nevertheless be subject to disqualification under sub. (5).
AB366,14 21Section 14. 108.04 (7) (d), (g), (j), (k), (n), (o) and (r) of the statutes are created
22to read:
AB366,12,2523 108.04 (7) (d) Paragraph (a) does not apply if the department determines that
24the employee terminated his or her work to accept a recall to work for a former
25employer within 52 weeks after having last worked for such employer.
AB366,13,2
1(g) Paragraph (a) does not affect an employee's eligibility to receive benefits if
2the employee:
AB366,13,33 1. Maintained a temporary residence near the work terminated; and
AB366,13,44 2. Maintained a permanent residence in another locality; and
AB366,13,75 3. Terminated such work and returned to his or her permanent residence
6because the work available to the employee had been reduced to less than 20 hours
7per week in at least 2 consecutive weeks.
AB366,13,108 (j) Paragraph (a) does not apply if the department determines that the
9employee left or lost his or her work because of reaching the compulsory retirement
10age used by the employee's employing unit.
AB366,13,1511 (k) Paragraph (a) does not apply to an employee who terminates his or her
12part-time work if the employee is otherwise eligible to receive benefits because of the
13loss of the employee's full-time employment and the loss of the full-time
14employment makes it economically unfeasible for the employee to continue the
15part-time work.
AB366,13,1616 (n) Paragraph (a) does not apply to an employee who:
AB366,13,1817 1. Terminated work in a position serving as a part-time elected or appointed
18member of a governmental body or representative of employees;
AB366,13,2119 2. Was engaged in work for an employing unit other than the employing unit
20in which the employee served under subd. 1. at the time that the employee
21terminated work under subd. 1.; and
AB366,13,2322 3. Was paid wages in the terminated work constituting not more than 5 percent
23of the employee's base period wages for purposes of benefit entitlement.
AB366,14,224 (o) Paragraph (a) does not apply to an employee who terminates his or her work
25in one of 2 or more concurrently held positions, at least one of which is full-time work,

1if the employee terminates his or her work before receiving notice of termination
2from a position that is full-time work.
AB366,14,133 (r) Paragraph (a) does not apply if the department determines that the
4employee owns or controls, directly or indirectly, an ownership interest, however
5designated or evidenced, in a family corporation and the employee's employment was
6terminated by the employer because of an involuntary cessation of the business of
7the corporation under one or more of the conditions specified in sub. (1) (gm). In this
8paragraph, "family corporation" has the meaning given in s. 108.02 (15m) and
9includes a corporation or a limited liability company that is treated as a corporation
10under this chapter in which 50 percent or more of the ownership interest is or was
11owned or controlled, directly or indirectly, by one or more brothers or sisters of a
12claimant, or by a combination of one or more brothers or sisters and one or more of
13the persons specified in s. 108.02 (15m) (a).
AB366,15 14Section 15. 108.04 (7) (h) of the statutes, as affected by 2013 Wisconsin Act
1520
, is amended to read:
AB366,14,2016 108.04 (7) (h) The department shall charge to the fund's balancing account
17benefits paid to an employee that are otherwise chargeable to the account of an
18employer that is subject to the contribution requirements of ss. 108.17 and 108.18
19if the employee voluntarily terminates employment with that employer and par. (a),
20(c), (d), (e), (k), (L), (o), (q), (s), or (t) applies.
AB366,16 21Section 16. 108.04 (7) (t) of the statutes, as affected by 2013 Wisconsin Act 20,
22is repealed and recreated to read:
AB366,15,223 108.04 (7) (t) Paragraph (a) does not apply if the department determines that
24the employee's spouse changed his or her place of employment to a place to which it

1is impractical to commute and the employee terminated his or her work to
2accompany the spouse to that place.
AB366,17 3Section 17. 108.14 (8n) (e) of the statutes, as affected by 2013 Wisconsin Acts
420
and 36, is amended to read:
AB366,15,185 108.14 (8n) (e) The department shall charge this state's share of any benefits
6paid under this subsection to the account of each employer by which the employee
7claiming benefits was employed in the applicable base period, in proportion to the
8total amount of wages he or she earned from each employer in the base period, except
9that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (q), (s), or (t), (7m) or (8) (a)
10or 108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer
11who is subject to the contribution requirements of ss. 108.17 and 108.18, the
12department shall charge the share of benefits based on employment with that
13employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
14would have applied to an employer that is not subject to the contribution
15requirements of ss. 108.17 and 108.18, the department shall charge the share of
16benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The
17department shall also charge the fund's balancing account with any other state's
18share of such benefits pending reimbursement by that state.
AB366,18 19Section 18. 108.141 (7) (a) of the statutes, as affected by 2013 Wisconsin Acts
2020
and 36, is amended to read:
AB366,16,221 108.141 (7) (a) The department shall charge the state's share of each week of
22extended benefits to each employer's account in proportion to the employer's share
23of the total wages of the employee receiving the benefits in the employee's base
24period, except that if the employer is subject to the contribution requirements of ss.
25108.17 and 108.18 the department shall charge the share of extended benefits to

1which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (q), (s), or (t), (7m) or (8) (a)
2or 108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.
AB366,19 3Section 19. 108.16 (13) of the statutes, as created by 2013 Wisconsin Act 20,
4is repealed.
AB366,20 5Section 20. 108.18 (4) (figure) Schedule A line 23. of the statutes, as affected
6by 2013 Wisconsin Act 20, is amended to read:
Figure 108.18 (4):
Schedule A - See PDF for table PDF
AB366,21 7Section 21. 108.18 (4) (figure) Schedule A lines 24. to 26. of the statutes, as
8created by 2013 Wisconsin Act 20, are repealed.
AB366,22 9Section 22. 108.18 (4) (figure) Schedule B line 23. of the statutes, as affected
10by 2013 Wisconsin Act 20, is amended to read:
Figure 108.18 (4):
Schedule B - See PDF for table PDF
AB366,23 11Section 23. 108.18 (4) (figure) Schedule B lines 24. to 26. of the statutes, as
12created by 2013 Wisconsin Act 20, are repealed.
AB366,24
1Section 24. 108.18 (4) (figure) Schedule C line 23. of the statutes, as affected
2by 2013 Wisconsin Act 20, is amended to read:
Figure 108.18 (4):
Schedule C - See PDF for table PDF
AB366,25 3Section 25. 108.18 (4) (figure) Schedule C lines 24. to 26. of the statutes, as
4created by 2013 Wisconsin Act 20, are repealed.
AB366,26 5Section 26. 108.18 (4) (figure) Schedule D line 23. of the statutes, as affected
6by 2013 Wisconsin Act 20, is amended to read:
Figure 108.18 (4):
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