LRB-3005/1
MED:emw
2021 - 2022 LEGISLATURE
January 31, 2022 - Introduced by Representatives Plumer, Moses, Penterman,
Armstrong, August, Brandtjen, Cabral-Guevara, Callahan, Dallman,
Dittrich, Duchow, Edming, James, Katsma, Kitchens, Knodl, Krug,
Kuglitsch, Kurtz, Loudenbeck, Macco, Magnafici, Petersen, Petryk,
Schraa, Snyder, Sortwell, Steffen, Tittl, Tusler, Vorpagel, Wichgers,
Zimmerman and Born, cosponsored by Senators Felzkowski, Bernier,
Darling, Feyen, Marklein and Stroebel. Referred to Committee on
Workforce Development.
AB939,1,6 1An Act to renumber 108.04 (2) (ae); to renumber and amend 108.14 (19); to
2amend
108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm), 108.04 (13) (c), 108.04
3(13) (e), 108.04 (13) (f), 108.09 (1), 108.14 (21) and 108.22 (8) (a); and to create
4108.04 (1) (hg), 108.04 (2) (ae) 1., 108.04 (2) (hL), 108.14 (19) (b) and 108.14 (28)
5of the statutes; relating to: various changes to the unemployment insurance
6law.
Analysis by the Legislative Reference Bureau
Current law requires each employer that is notified of a claim for
unemployment insurance (UI) benefits to promptly inform the Department of
Workforce Development in writing as to any eligibility question in objection to such
a claim together with the reasons for the objection.
This bill requires an employer that is notified of a claim for UI benefits to fully
and promptly respond to DWD as to any eligibility question that may be at issue with
respect to the claim, regardless of any objection to the claim on the part of the
employer. The bill also provides that an employer may report to DWD whenever 1)
an individual declines a job interview or job offer; 2) an individual fails to respond
to a job interview offer or job offer; 3) an individual fails to attend a scheduled job
interview without attempting to reschedule the job interview; 4) a UI claimant is
unavailable for, or unable to perform, work actually available within a given week;
or 5) under certain circumstances, the employer recalls a former employee receiving

UI benefits who fails to return to work. The bill requires DWD to consider these
reports in determining claimants' attachment to the labor market. The bill also
provides that a UI claimant is not considered to have conducted a reasonable search
for suitable work in a given week, and is therefore ineligible for benefits for that
week, if the claimant had one or more credible reports without good cause of declining
a job interview, failing to respond to a job interview offer, or failing to attend a job
interview in that week. The bill, however, provides that the first such credible report
is to be disregarded and allows subsequent reports to be disregarded upon certain
showings by a claimant. The bill requires DWD to investigate each such report as
needed to determine its effect on claimants' eligibility for benefits. DWD must
include information on reports submitted by employing units under the bill in its
annual UI fraud report made to the Council on Unemployment Insurance, including
actions taken by DWD in response to the reports and their effect on claimants'
eligibility for benefits. In addition, the bill requires that this annual fraud report be
submitted to the appropriate standing committees of the legislature.
The bill requires DWD to have in effect methods to address any circumstances
in which a claimant for UI benefits fails to return to work or to accept suitable work
without good cause or is unavailable for work or unable to work, including reporting
methods for employers and a notice from DWD to claimants about the laws governing
such circumstances.
Finally, the bill requires, instead of allows, DWD to act to recover overpayments
in certain circumstances and requires overpayments to be repaid in cases where an
individual makes misrepresentations to obtain benefits in the name of another
person.
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:
AB939,1 1Section 1. 108.04 (1) (hg) of the statutes is created to read:
AB939,2,32 108.04 (1) (hg) 1. An employing unit may report to the department whenever
3any of the following occurs:
AB939,2,44 a. An individual declines a job interview or job offer with the employing unit.
AB939,2,65 b. An individual fails to respond to a job interview offer or job offer made by the
6employing unit.
AB939,2,87 c. An individual fails to attend a scheduled job interview with the employing
8unit, unless the individual attempts to reschedule the job interview.
AB939,3,2
1d. An employee claiming benefits is unavailable for, or unable to perform, work
2actually available within a given week as described in par. (a).
AB939,3,43 e. The employing unit recalls an employee who fails to return to work as
4described in sub. (8) (c).
AB939,3,75 2. The department shall investigate each report submitted under subd. 1. as
6needed to determine whether the report affects a claimant's eligibility under sub. (2)
7(hL).
AB939,2 8Section 2. 108.04 (2) (ae) of the statutes is renumbered 108.04 (2) (ae) 2.
AB939,3 9Section 3. 108.04 (2) (ae) 1. of the statutes is created to read:
AB939,3,1210 108.04 (2) (ae) 1. In determining whether a claimant is available for work
11under par. (a) 1. and has maintained an attachment to the labor market, the
12department shall consider reports made by employing units under sub. (1) (hg).
AB939,4 13Section 4. 108.04 (2) (bm) of the statutes is amended to read:
AB939,3,2114 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
15which there is a determination that the claimant failed to comply with the
16registration for work and work search requirements under par. (a) 2. or 3. or failed
17to provide verification to the department that the claimant complied with those
18requirements, unless the department has waived those requirements under par. (b),
19(bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant
20for any such week, the department may shall act to recover the overpayment under
21s. 108.22.
AB939,5 22Section 5. 108.04 (2) (g) 2. of the statutes is amended to read:
AB939,4,1823 108.04 (2) (g) 2. If a claimant's security credentials are used in the filing of an
24initial or continued claim for benefits or any other transaction, the individual using
25the security credentials is presumed to have been the claimant or the claimant's

1authorized agent. This presumption may be rebutted by a preponderance of evidence
2showing that the claimant who created the security credentials or the claimant's
3authorized agent was not the person who used the credentials in a given transaction.
4If a claimant uses an agent to engage in any transaction with the department using
5the claimant's security credentials, the claimant is responsible for the actions of the
6agent. If a claimant who created security credentials or the claimant's authorized
7agent divulges the credentials to another person, or fails to take adequate measures
8to protect the credentials from being divulged to an unauthorized person, and the
9department pays benefits to an unauthorized person because of the claimant's action
10or inaction, the department may recover from the claimant the benefits that were
11paid to the unauthorized person
shall, in the same manner as provided for
12overpayments to claimants under s. 108.22 or under s. 108.245, act to recover from
13the claimant the benefits that were paid to the unauthorized person
. If a claimant
14who created security credentials or the claimant's authorized agent divulges the
15credentials to another person, or fails to take adequate measures to protect the
16credentials from being divulged to an unauthorized person, the department is not
17obligated to pursue recovery of, or to reimburse the claimant for, benefits payable to
18the claimant that were erroneously paid to another person.
AB939,6 19Section 6. 108.04 (2) (hL) of the statutes is created to read:
AB939,4,2520 108.04 (2) (hL) 1. Subject to subd. 2., if a claimant is subject to the requirement
21under par. (a) 3. to conduct a reasonable search for suitable work for a given week
22and the department received one or more credible reports in that week that the
23claimant declined or failed to respond to a job interview offer or failed to attend a
24scheduled job interview, the claimant shall not be considered to have conducted a
25reasonable search for suitable work in that week under par. (a) 3.
AB939,5,5
12. a. A claimant may demonstrate to the department that a report described
2in subd. 1. was inaccurate, that an interview was for a job that the claimant was not
3required to accept under sub. (8) (d) to (em), or that the claimant had other good cause
4for the declination or failure reported. If the department so determines, the report
5shall be disregarded for purposes of subd. 1.
AB939,5,86 b. The first credible report described in subd. 1. received during a claimant's
7benefit year that is not otherwise disregarded under subd. 2. a. shall be disregarded
8for purposes of subd. 1.
AB939,7 9Section 7. 108.04 (11) (cm) of the statutes is amended to read:
AB939,5,1510 108.04 (11) (cm) If any person makes a false statement or representation in
11order to obtain benefits in the name of another person, the benefits received by that
12person constitute a benefit overpayment. Such person may shall, by a determination
13or decision issued under s. 108.095, be required to repay the amount of the benefits
14obtained and be assessed an administrative assessment in an additional amount
15equal to the amount of benefits obtained.
AB939,8 16Section 8. 108.04 (13) (c) of the statutes is amended to read:
AB939,6,1617 108.04 (13) (c) If an employer, after notice of a benefit claim, fails to file an
18objection
a response to the claim under s. 108.09 (1), any benefits allowable under
19any resulting benefit computation shall, unless the department applies a provision
20of this chapter to disqualify the claimant, be promptly paid. Except as otherwise
21provided in this paragraph, any eligibility question in objection response to the claim
22raised made by the employer after benefit payments to the claimant are commenced
23does not affect benefits paid before the end of the week in which a determination is
24issued as to the eligibility question unless the benefits are erroneously paid without
25fault on the part of the employer. Except as otherwise provided in this paragraph,

1if an employer fails to provide correct and complete information requested by the
2department during a fact-finding investigation, but later provides the requested
3information, benefits paid before the end of the week in which a redetermination is
4issued regarding the matter or, if no redetermination is issued, before the end of the
5week in which an appeal tribunal decision is issued regarding the matter, are not
6affected by the redetermination or decision, unless the benefits are erroneously paid
7without fault on the part of the employer as provided in par. (f). If benefits are
8erroneously paid because the employer and the employee are at fault, the
9department shall charge the employer for the benefits and proceed to create an
10overpayment under s. 108.22 (8) (a). If benefits are erroneously paid without fault
11on the part of the employer, regardless of whether the employee is at fault, the
12department shall charge the benefits as provided in par. (d), unless par. (e) applies,
13and proceed to create an overpayment under s. 108.22 (8) (a). If benefits are
14erroneously paid because an employer is at fault and the department recovers the
15benefits erroneously paid under s. 108.22, the recovery does not affect benefit
16charges made under this paragraph.
AB939,9 17Section 9. 108.04 (13) (e) of the statutes is amended to read:
AB939,7,918 108.04 (13) (e) If the department erroneously pays benefits from one
19employer's account and a 2nd employer is at fault, the department shall credit the
20benefits paid to the first employer's account and charge the benefits paid to the 2nd
21employer's account. Filing of a tardy or corrected report or objection response does
22not affect the 2nd employer's liability for benefits paid before the end of the week in
23which the department makes a recomputation of the benefits allowable or before the
24end of the week in which the department issues a determination concerning any
25eligibility question raised by the report or by the 2nd employer. If the 2nd employer

1fails to provide correct and complete information requested by the department
2during a fact-finding investigation, but later provides the requested information,
3the department shall charge to the account of the 2nd employer the cost of benefits
4paid before the end of the week in which a redetermination is issued regarding the
5matter or, if no redetermination is issued, before the end of the week in which an
6appeal tribunal decision is issued regarding the matter, unless the benefits
7erroneously are paid without fault on the part of the employer as provided in par. (f).
8If the department recovers the benefits erroneously paid under s. 108.22, the
9recovery does not affect benefit charges made under this paragraph.
AB939,10 10Section 10. 108.04 (13) (f) of the statutes is amended to read:
AB939,7,2111 108.04 (13) (f) If benefits are erroneously paid because the employer fails to file
12a report required by this chapter, the employer fails to provide correct and complete
13information on the report, the employer fails to object respond to the benefit claim
14under s. 108.09 (1), the employer fails to provide correct and complete information
15requested by the department during a fact-finding investigation, unless an appeal
16tribunal, the commission, or a court of competent jurisdiction finds that the employer
17had good cause for the failure to provide the information, or the employer aids and
18abets the claimant in an act of concealment as provided in sub. (11), the employer is
19at fault. If benefits are erroneously paid because an employee commits an act of
20concealment as provided in sub. (11) or fails to provide correct and complete
21information to the department, the employee is at fault.
AB939,11 22Section 11. 108.09 (1) of the statutes is amended to read:
AB939,8,423 108.09 (1) Filing. Claims for benefits shall be filed pursuant to department
24rules. Each employer that is notified of a benefit claim shall promptly inform provide
25a full and prompt response to
the department in writing as to any eligibility question

1in objection to such claim together with the reasons for the objection that may be at
2issue with respect to the claim, regardless of any objection to the claim on the part
3of the employer
. The department may also obtain information from the employee
4concerning the employee's eligibility, employment or wages.
AB939,12 5Section 12. 108.14 (19) of the statutes is renumbered 108.14 (19) (intro.) and
6amended to read:
AB939,8,137 108.14 (19) (intro.) No later than March 15 annually, the department shall
8prepare and furnish to the council on unemployment insurance and to the chief clerk
9of each house of the legislature, for distribution to the appropriate standing
10committees under s. 13.172 (3),
a report summarizing the department's activities
11related to detection and prosecution of unemployment insurance fraud in the
12preceding year. The department shall include all of the following in the report
13information:
AB939,8,15 14(a) Information about audits conducted by the department under sub. (20),
15including the number and results of audits performed, in the previous year.
AB939,13 16Section 13. 108.14 (19) (b) of the statutes is created to read:
AB939,8,2017 108.14 (19) (b) Information on reports submitted by employing units under s.
18108.04 (1) (hg) 1., including actions taken by the department in response to the
19reports as required under s. 108.04 (1) (hg) 2. and their effect on claimants' eligibility
20for benefits under s. 108.04 (2) (ae) 1. and (hL).
AB939,14 21Section 14. 108.14 (21) of the statutes is amended to read:
AB939,8,2422 108.14 (21) The department shall maintain a portal on the Internet that allows
23employers employing units to log in and file with the department complaints related
24to the administration of this chapter and reports under s. 108.04 (1) (hg).
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