2011 - 2012 LEGISLATURE
December 29, 2011 - Introduced by Representatives Honadel, Kuglitsch,
Petersen, Krug, Sinicki, Bernier, Bies, Brooks, Endsley, Jacque, Klenke,
Knodl, Litjens, Marklein, Mursau, A. Ott, Petrowski, Petryk, Spanbauer,
Staskunas, Steineke, Strachota, Tauchen, Toles, Wynn and Zepnick,
cosponsored by Senators Wanggaard, Galloway, Holperin, Lassa, Moulton
and Schultz. Referred to Committee on Labor and Workforce Development.
1An Act to repeal
20.445 (1) (fw), 102.07 (19), 102.29 (12) and 108.04 (16m); and 2to create
20.445 (1) (fw), 102.07 (19), 102.29 (12) and 108.04 (16m) of the 3
statutes; relating to: participation in certain training by unemployment
4insurance claimants, granting rule-making authority, and making an
Analysis by the Legislative Reference Bureau
Currently, unemployment insurance (UI) benefits may not be denied to an
otherwise eligible individual because the individual is enrolled in a vocational
training course or a basic education course that is a prerequisite to such training
("approved training") under certain conditions. Current law also permits a claimant
who has exhausted all rights to benefits and is enrolled in an approved training
course that meets certain qualifications to potentially qualify to receive up to 26
weeks of additional benefits while enrolled in that training ("extended training"). A
claimant who is enrolled in approved or extended training is not subject to certain
benefit denials or reductions that would otherwise preclude the claimant from
claiming benefits while enrolled in approved or extended training.
This bill creates a pilot program of special occupational training that is not
approved training. The bill directs the Department of Workforce Development
(DWD) to designate three areas served by local workforce development boards in
which the program shall be offered. Under the bill, DWD must offer the program
throughout each designated area. Under the bill, the training consists of voluntary
six-week placements of UI claimants for 20 to 24 hours per week with employers who
elect to offer the training directly. A trainee may not be an employee of the employer
offering the training. The bill directs DWD to accept applications from employers
who wish to offer the training and to place claimants who wish to participate in
available openings. On the application, an employer must affirm that it currently
has one job opening for each training participant that it seeks in a position that a
successful participant would potentially qualify to fill. Under the bill, no claimant
may receive more than two placements during a benefit year (period during which
benefits are payable). In addition, no claimant may receive a placement for any week
beginning after the end of the first 26 weeks of the claimant's benefit year. The bill
provides that a claimant who receives special occupational training is not
disqualified from receiving UI benefits solely as a result of participating in the
training. The bill requires each claimant to maintain eligibility for UI benefits while
participating in the training. Under the bill, a claimant who participates in special
occupational training receives a stipend of $75 from DWD for each week in which the
claimant participates in the training. The bill appropriates general purpose revenue
to make the payments. The bill also provides that a claimant who is participating
in special occupational training is considered an employee of the state for purposes
of worker's compensation benefits and prohibits such a claimant from making a
claim or brining on action in tort against the employer that provided the special
occupational training. The program created by the bill does not apply after June 30,
The bill directs DWD to report to the legislature no later than December 31,
2014, concerning the effectiveness of the program and DWD's recommendations for
extension of the program or changes to the program to enhance its effectiveness.
For further information see the state 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:
AB450, s. 1
20.445 (1) (fw) of the statutes is created to read:
(fw) Unemployment insurance claimant training stipends.
A sum 3
sufficient to be used to pay stipends to participants in special occupational training 4
under s. 108.04 (16m).
AB450, s. 2
20.445 (1) (fw) of the statutes, as created by 2011 Wisconsin Act .... 6
(this act), is repealed.
AB450, s. 3
102.07 (19) of the statutes is created to read:
A person participating in special occupational training under s. 2
108.04 (16m) is considered an employee of the state for purposes of this chapter.
AB450, s. 4
102.07 (19) of the statutes, as created by 2011 Wisconsin Act .... (this 4
act), is repealed.
AB450, s. 5
102.29 (12) of the statutes is created to read:
No person participating in special occupational training under s. 7
108.04 (16m) who is considered an employee of the state for purposes of this chapter 8
and who makes a claim for compensation under this chapter may make a claim or 9
bring an action in tort against the employer that provided the special occupational 10
training from which the claim arose.
AB450, s. 6
102.29 (12) of the statutes, as created by 2011 Wisconsin Act .... (this 12
act), is repealed.
AB450, s. 7
108.04 (16m) of the statutes is created to read:
108.04 (16m) Special occupational training.
In this subsection, "special 15
occupational training" means training other than approved training that is offered 16
directly by an employer to a claimant who is not employed by the employer.
The department shall administer a pilot program to offer special 18
occupational training for claimants who wish to participate in areas of this state 19
designated by the department served by 3 local workforce development boards under 2029 USC 2832
. The department shall offer the program within the entire area served 21
by each designated local workforce development board.
The department shall accept applications from employers to offer special 23
occupational training to claimants and shall offer claimants the opportunity to 24
receive placements to receive the training. On the application, an employer shall 25
affirm that it has one job opening, as of the date of the application, for each training
participant that it seeks in a position that a successful participant would potentially 2
qualify to fill.
The department shall place claimants who apply to receive special 4
occupational training with employers who offer placements. The department may 5
only place a claimant to receive special occupational training during a claimant's 6
Each placement shall be for a 6-week period. A claimant may participate 8
in special occupational training for not less than 20 nor more than 24 hours per week 9
during a placement. No claimant may receive more than 2 placements during his or 10
her benefit year. No claimant may receive a placement for any week beginning after 11
the end of the first 26 weeks of the claimant's benefit year.
A claimant who participates in special occupational training is not 13
disqualified from receiving benefits solely on account of receiving the training. A 14
claimant shall maintain his or her eligibility for benefits during the placement and 15
shall terminate a placement if necessary to accept any work that the claimant is 16
required to accept in order to maintain continuous eligibility for benefits.
The department shall pay a stipend of $75 per week to each claimant who 18
participates in special occupational training. The department shall make the 19
payments from the appropriation under s. 20.445 (1) (fw).
(h) A claimant who is participating in special occupational training is 21
considered an employee of the state for purposes of worker's compensation benefits.
The department shall issue a training certificate to each claimant upon 23
successful completion of each special occupational training placement. The 24
certificate shall describe the skills in which the claimant received training.
(j) The department may promulgate rules required to implement this section.
AB450, s. 8
108.04 (16m) of the statutes, as created by 2011 Wisconsin Act .... 2
(this act), is repealed.
No later than December 31, 2014, the department of workforce development 5
shall submit a report to the legislature, in the manner provided under section 13.172 6
(2) of the statutes, evaluating the effectiveness of the program created by this act and 7
providing the department's recommendations concerning extension of the program 8
or changes to the program that may enhance its effectiveness.
(1) This act first applies with respect to weeks of unemployment beginning on 11
the effective date of this subsection.
AB450, s. 11
This act takes effect on the first Sunday 13
following the 180th day after publication, except as follows:
The repeal of sections 20.445 (1) (fw), 102.07 (19), 102.29 (12), and 108.04 15
(16m) of the statutes takes effect on July 1, 2015.