2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives Petryk, Penterman,
Armstrong, Born, Dittrich, Duchow, Edming, Knodl, Kuglitsch,
Loudenbeck, Moses, Mursau, Petersen, Thiesfeldt, Tittl, Wichgers and
Wittke, cosponsored by Senators Roth, Ballweg, Bernier and Feyen.
Referred to Committee on Labor and Integrated Employment.
AB883,2,6 1An Act to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2., 108.05 (3)
2(a) and 108.13 (4) (a) 4.; to consolidate, renumber and amend 108.04 (15)
3(a) (intro.) and 1.; to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd),
440.02 (22) (b) 3., 40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3. c., 71.67 (7)
5(title), 105.01 (1) (b) 1., 105.115 (2) (b), 105.115 (2) (c), 105.115 (3) (a) 1., 105.115
6(4) (b) 1., 105.115 (4) (b) 3., 106.11, 106.13 (2), 106.38 (3) (c) 3., 108.04 (2) (a) 3.,
7108.04 (12) (b), 108.133 (2) (a) (intro.), 108.133 (2) (am), 108.14 (1), 108.141 (1)
8(b) 3., 108.142 (1) (h) 3., 108.19 (1m), 111.39 (4) (c), 230.43 (4), 230.85 (3) (d) and
9779.01 (2) (am); to repeal and recreate chapter 108 (title); and to create
1015.223 (2), 106.113, 106.28, 108.01 (2m), 108.013, 108.02 (21r), 108.04 (2) (a) 4.
11c., 108.04 (2) (a) 5., 108.04 (15) (a) 2. b., 108.04 (15) (am), (an) and (ao), 108.05
12(3) (a) 3., 108.14 (8o) and 108.14 (30) of the statutes; relating to: various
13changes to the unemployment insurance law, a grant program for hiring
14qualified long-term unemployment recipients, allocation of federal American

1Rescue Plan Act of 2021 funding for certain purposes, the state plan under the
2federal Workforce Innovation and Opportunity Act of 2014, federal
3Reemployment Services and Eligibility Assessment grants, employment
4outcome data reporting, extending the time limit for emergency rule
5procedures, providing an exemption from emergency rule procedures, and
6granting rule-making authority.
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:
Program name change
The bill changes references in the statutes to “unemployment insurance” to
“reemployment assistance” and requires the program and its benefits to be known
as reemployment assistance. The bill also requires DWD to have a division known
as the Division of Reemployment Assistance and requires the reemployment
assistance law to be administered by that division.
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.
This bill does the following:
1. Requires, for the third and subsequent weeks of a claimant's benefit year,
that at least two of the required weekly work search actions be direct contacts with
potential employers.
2. Requires a claimant who resides in this state, for each week other than an
initial week, to submit and keep posted on the DWD's job center website a current
3. Requires, when a claimant is claiming benefits with less than three weeks
of benefits left, that the claimant complete a reemployment counseling session.
Additionally, current law allows DWD to use information or job application
materials described above to assess a claimant's efforts, skills, and ability to find or

obtain work and to develop a list of potential opportunities for a claimant to obtain
suitable work. However, current law provides that a claimant who otherwise
satisfies the required weekly work search requirement is not required to apply for
any specific positions on the list of potential opportunities in order to satisfy the work
search requirement. The bill requires, instead of allows, DWD to provide this
assistance. The bill also repeals the language in current law providing that a
claimant who otherwise satisfies the weekly work search requirement is not required
to apply for specific positions provided by DWD and requires DWD to provide each
claimant with at least four potential opportunities each week, one or more of which
may be opportunities with a temporary help company.
Finally, current law allows DWD to require a claimant to participate in a public
employment office workshop or training program. This bill provides that DWD must
require a claimant to participate in a public employment office workshop or training
program if the claimant is likely to exhaust regular UI benefits. DWD may also
require other claimants to participate in a public employment office workshop or
training program, but must prioritize claimants more likely to have difficulty
obtaining reemployment.
Drug testing
Current state law requires DWD to establish a program that is consistent with
federal law to test certain claimants who apply for UI benefits for the presence of
controlled substances. A claimant who tests positive for a controlled substance for
which the claimant does not have a prescription is ineligible for UI benefits until
certain requalification criteria are satisfied or unless he or she enrolls in a substance
abuse treatment program and undergoes a job skills assessment, and a claimant who
declines to submit to a test is simply ineligible for benefits until he or she requalifies.
Claimants who are required to undergo drug testing include individuals for whom
suitable work is only available in occupations for which drug testing is regularly
conducted in this state. However, current law provides that these provisions do not
apply until DWD promulgates rules to implement the requirements and those rules
take effect, including rules identifying occupations for which drug testing is
regularly conducted in this state.
This bill requires DWD to immediately promulgate the required rules.
Reemployment Services and Eligibility Assessment grants
Under federal law, the United States Department of Labor (USDOL) operates
the Reemployment Services and Eligibility Assessment (RESEA) program, whereby
grants are awarded to states to provide reemployment services to claimants.
Participation in the RESEA program is voluntary and requires that a state submit
a state plan to USDOL that outlines how the state intends to conduct a program of
reemployment services and eligibility assessments.
This bill requires that DWD act to continue to participate in the RESEA
program and provide RESEA services to all UI claimants likely to exhaust regular
UI benefits. The bill further requires DWD, until December 31, 2024, to provide
certain RESEA services to all UI claimants and requires the governor to allocate
moneys available under the federal American Rescue Plan Act of 2021 to provide
these services.

Wage threshold for receipt of benefits
Under current law, if a claimant for UI earns more than $30 in a given week,
the partial benefits formula reduces the claimant's weekly UI benefit payment by a
certain percentage of the wages earned over $30. Under current law, if a claimant
receives wages totaling more than $500 in a given week, the claimant is generally
ineligible to receive any benefits. This bill changes the partial benefits formula so
that the UI benefit payment is not reduced unless a claimant earns more than $30
or 40 percent of the claimant's weekly benefit rate in a given week, whichever amount
is greater. However, the bill does not affect the $500 cap on wages for receipt of
Other changes
Grant program for hiring long-term unemployment recipients
The bill directs the governor to allocate sufficient moneys of the moneys
received from the federal government under the American Rescue Plan Act of 2021
for costs associated with a grant program to provide payments to employers that hire
qualified long-term unemployment benefit recipients who became unemployed due
to the COVID-19 pandemic. Under the program, an employer may receive up to two
payments of up to $1,000 each for each qualified long-term unemployment recipient
the employer hires as compensation for wages, training, benefits, and other
employment costs incurred by the employer.
WIOA State Plan
Under the federal Workforce Innovation and Opportunity Act of 2014 (WIOA),
federal funds are allocated to the state and, in turn, to local workforce development
areas designated by the governor to provide employment and training activities for
job seekers and workers. The WIOA repealed a prior law known as the federal
Workforce Investment Act of 1998, which contained many similar provisions. To
receive funding under the WIOA, the state must undertake a number of activities,
including submitting a state plan to the federal government. A plan must outline a
four-year strategy for the state's workforce development system. This bill requires
the combined state plan submitted by the state to include programs authorized
under state unemployment compensation laws, which is one of the 11 specific federal
programs listed in the WIOA that states may include in their plans to assist in
workforce development.
The bill also updates references to the United States Code regarding the WIOA.
Data reporting
The bill requires DWD, using quarterly wage data filed by employers with
DWD, to semiannually compile data and prepare a report to provide information on
and analysis of the employment outcomes of claimants after receiving UI benefits.
Each claimant's wage data must be used for 12 quarters following the claimant's first
of benefits.

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:
AB883,1 1Section 1 . 15.223 (2) of the statutes is created to read:
AB883,5,32 15.223 (2) Division of reemployment assistance. There is created in the
3department of workforce development a division of reemployment assistance.
AB883,2 4Section 2 . 20.445 (1) (aL) of the statutes is amended to read:
AB883,5,125 20.445 (1) (aL) Unemployment insurance Reemployment assistance
6administration; controlled substances testing and substance abuse treatment.

7Biennially, the amounts in the schedule for conducting screenings of applicants,
8testing applicants for controlled substances, the provision of substance abuse
9treatment to applicants and claimants, and related expenses under s. 108.133.
10Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each
11odd-numbered year shall be transferred to the unemployment reemployment
program integrity fund.
AB883,3 13Section 3 . 20.445 (1) (gd) of the statutes is amended to read:
AB883,6,1114 20.445 (1) (gd) Unemployment Reemployment assistance; interest and penalty
All moneys received as interest and penalties collected under ss. 108.04
16(11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under
17s. 108.19 (1q), and forfeitures under s. 103.05 (5), all moneys not appropriated under
18par. (gg) and all moneys transferred to this appropriation account from the
19appropriation account under par. (gh) for the payment of benefits specified in s.
20108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest
21to employers under s. 108.17 (3m), for research relating to the condition of the

1unemployment reserve fund under s. 108.14 (6), for administration of the
2unemployment insurance reemployment assistance program and federal or state
3unemployment insurance reemployment assistance programs authorized by the
4governor under s. 16.54, for satisfaction of any federal audit exception concerning a
5payment from the unemployment reserve fund or any federal aid disallowance
6concerning the unemployment insurance reemployment assistance program, for
7assistance to the department of justice in the enforcement of ch. 108, for the payment
8of interest due on advances from the federal unemployment account under title XII
9of the social security act to the unemployment reserve fund, and for payments made
10to the unemployment reserve fund to obtain a lower interest rate or deferral of
11interest payments on these advances, except as otherwise provided in s. 108.20.
AB883,4 12Section 4 . 20.445 (1) (nd) of the statutes is amended to read:
AB883,6,2413 20.445 (1) (nd) Unemployment Reemployment assistance administration;
14apprenticeship and other employment services.
From the moneys received from the
15federal government under section 903 (d) of the federal Social Security Act, as
16amended, the amounts in the schedule, as authorized by the governor under s. 16.54,
17to be used for administration by the department of apprenticeship programs under
18subch. I of ch. 106 and for administration and service delivery of employment and
19workforce information services, including the delivery of reemployment assistance
20services to unemployment insurance reemployment assistance claimants. All
21moneys transferred from par. (n) for this purpose shall be credited to this
22appropriation account. No moneys may be expended from this appropriation unless
23the treasurer of the unemployment reserve fund determines that such expenditure
24is currently needed for the purposes specified in this paragraph.
AB883,5 25Section 5 . 40.02 (22) (b) 3. of the statutes is amended to read:
140.02 (22) (b) 3. Unemployment insurance or reemployment assistance
AB883,6 3Section 6 . 40.65 (5) (b) 2. of the statutes is amended to read:
AB883,7,54 40.65 (5) (b) 2. Any unemployment insurance or reemployment assistance
5benefit payable to the participant because of his or her work record.