January 2021 Special Session
2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
February 23, 2021 - Offered by Representatives Hintz, Hesselbein, Spreitzer,
Subeck, B. Meyers, Haywood, Goyke, Neubauer, Anderson, Andraca,
Baldeh, Billings, Bowen, Brostoff, Cabrera, Conley, Considine, Drake,
Emerson, Hebl, Hong, McGuire, Milroy, Moore Omokunde, L. Myers,
Ohnstad, Ortiz-Velez, Pope, Riemer, S. Rodriguez, Shankland, Shelton,
Sinicki, Snodgrass, Stubbs, Vining and Vruwink.
21. Page 1, line 4
: delete “and immunity from liability related to COVID-19 3
exposure" and substitute “and granting rule-making authority”.
71.05 (6) (b) 55. of the statutes is created to read:
(b) 55. For taxable years beginning after December 31, 2019, and 7
before January 1, 2021, in addition to the subtraction under subd. 8., an amount 8
equal to the unemployment compensation benefits remaining taxable that the 9
individual received in the taxable year, not to exceed $10,000.
102.43 (9) (e) of the statutes is amended to read:
(e) The employee's employment with the employer has been 12
suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
1fault, as defined in s. 108.04 (5g) (a),
by the employee connected with the employee's 2
108.02 (24g) of the statutes is created to read:
108.02 (24g) Suitable work.
“Suitable work" has the meaning specified by the 5
department by rule under s. 108.14 (28).
108.04 (1) (g) (intro.) of the statutes is amended to read:
(g) (intro.) Except as provided in par. (gm), and s. 108.06 (7) (d),
base period wages utilized to compute total benefits payable to an individual under 9
s. 108.06 (1) as a result of the following employment shall not exceed 10 times the 10
individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
108.04 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Except as provided in
(b) to (bd)
, sub. (16) (am) 13
and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a 14
claimant is eligible for benefits as to any given week only if all of the following apply:
108.04 (2) (a) 3. of the statutes is repealed and recreated to read:
(a) 3. The claimant conducts a reasonable search for suitable work 17
during that week and provides verification of that search to the department. The 18
search for suitable work must include at least 2 actions per week that constitute a 19
reasonable search as prescribed by rule of the department. This subdivision does not 20
apply to a claimant if the department determines that the claimant is currently laid 21
off from employment with an employer but there is a reasonable expectation of 22
reemployment of the individual by that employer. In determining whether the 23
claimant has a reasonable expectation of reemployment by an employer, the 24
department shall request the employer to verify the claimant's employment status 25
and shall consider all of the following:
a. The history of layoffs and reemployments by the employer.
b. Any information that the employer furnished to the claimant or the 3
department concerning the claimant's anticipated reemployment date.
c. Whether the claimant has recall rights with the employer under the terms 5
of any applicable collective bargaining agreement.
108.04 (2) (b) of the statutes is repealed and recreated to read:
(b) The department may, by rule, establish waivers from the 8
registration for work requirement under par. (a) 2. and the work search requirement 9
under par. (a) 3.
108.04 (2) (bm) of the statutes is amended to read:
(bm) A claimant is ineligible to receive benefits for any week for 14
which there is a determination that the claimant failed to comply with the 15
registration for work and work search requirements under par. (a) 2. or 3. or failed 16
to provide verification to the department that the claimant complied with those 17
requirements, unless the department has waived those requirements under par. (b),
18(bb), or (bd)
or s. 108.062 (10m). If the department has paid benefits to a claimant 19
for any such week, the department may recover the overpayment under s. 108.22.”.
108.04 (7) (e) of the statutes is amended to read:
(e) Paragraph (a) does not apply if the department determines that 24
the employee accepted work that the employee could have failed to accept under sub.
(8) and terminated the work on the same grounds and within the first 30 calendar 2
days after starting the work, or that the employee accepted work that the employee 3
could have refused under sub. (9) and terminated the work within the first 30 4
calendar days after starting the work. For purposes of this paragraph, an employee 5
has the same grounds for voluntarily terminating work if the employee could have 6
failed to accept the work under sub. (8) (d) to (em)
when it was offered, regardless of 7
the reason articulated by the employee for the termination.
108.04 (8) (c) of the statutes is amended to read:
(c) If an employee fails, without good cause, to return to work with 10
a former employer that recalls the employee within 52 weeks after the employee last 11
worked for that employer, the employee is ineligible to receive benefits until the 12
employee earns wages after the week in which the failure occurs equal to at least 6 13
times the employee's weekly benefit rate under s. 108.05 (1) in employment or other 14
work covered by the unemployment insurance law of any state or the federal 15
government. For purposes of requalification, the employee's weekly benefit rate 16
shall be that rate which would have been paid had the failure not occurred. This 17
paragraph does not preclude an employee from establishing a benefit year during a 18
period in which the employee is ineligible to receive benefits under this paragraph 19
if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The 20
department shall charge to the fund's balancing account any benefits otherwise 21
chargeable to the account of any employer that is subject to the contribution 22
requirements under ss. 108.17 and 108.18 whenever an employee of that employer 23
fails, without good cause, to return to work with that employer. This paragraph does 24
not apply to an employee who fails to return to work with a former employer if the 25
work offered would not be considered suitable work under par. (d) or (dm), whichever
. If an employee receives actual notice of a recall to work, par. (a) applies 2
in lieu of this paragraph.
108.04 (8) (d) of the statutes is repealed and recreated to read:
(d) An employee shall have good cause under par. (a) or (c), 5
regardless of the reason articulated by the employee for the failure, if the department 6
determines that the failure involved work at a lower grade of skill or significantly 7
lower rate of pay than applied to the employee on one or more recent jobs, and that 8
the employee had not yet had a reasonable opportunity, in view of labor market 9
conditions and the employee's degree of skill, but not to exceed 6 weeks after the 10
employee became unemployed, to seek a new job substantially in line with the 11
employee's prior job skill and rate of pay.
108.06 (1) of the statutes is amended to read:
Except as provided in sub. subs.
(6) and (7)
and ss. 108.141 and 16
108.142, no claimant may receive total benefits based on employment in a base 17
period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) 18
or 40 percent of the claimant's base period wages, whichever is lower. Except as 19
provided in sub. subs.
and ss. 108.141 and 108.142, if a claimant's base 20
period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under 21
s. 108.04 (1) (f), (10) (a), or (17), the claimant may not receive total benefits based on 22
employment in a base period greater than 26 times the claimant's weekly benefit rate 23
under s. 108.05 (1) or 40 percent of the base period wages not reduced, canceled or 24
suspended which were paid or payable to the claimant, whichever is lower.
108.06 (2) (c) of the statutes is amended to read:
(c) No benefits are payable to a claimant for any week of 2
unemployment not occurring during the claimant's benefit year except under sub. (7)
ss. 108.141 and 108.142.
108.06 (2) (cm) of the statutes is amended to read:
(cm) If an employee qualifies to receive benefits using the base period 6
described in s. 108.02 (4) (b), the wages used to compute the employee's benefit 7
entitlement are not available for use in any subsequent benefit computation for the 8
same employee, except under sub. (7) or
s. 108.141 or 108.142.
108.06 (3) of the statutes is amended to read:
There shall be payable to an employee, for weeks ending within the 11
employee's benefit year, only those benefits computed for that benefit year based on 12
the wages paid to the employee in the immediately preceding base period. Wages 13
used in a given benefit computation are not available for use in any subsequent 14
benefit computation except under sub. (7) and
108.06 (6) (intro.) of the statutes is amended to read:
(intro.) If a claimant has established a benefit year prior to the 17
effective date of any increase in the maximum weekly benefit rate provided under 18
s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement 19
under sub. (1) for that benefit year on that effective date, and the claimant was 20
entitled to receive the maximum weekly benefit rate under s. 108.05 (1) that was in 21
effect prior to that effective date, the limitation on the total benefits authorized to 22
be paid to a claimant under sub. (1) does not apply to that claimant in that benefit 23
year. Unless sub. (7) or
s. 108.141 or 108.142 applies, the claimant's remaining 24
benefit entitlement in that benefit year for the period beginning on that effective date 25
shall be computed by:
108.06 (7) of the statutes is created to read:
(a) In this subsection: