LRB-2716/1
MED:skw
2023 - 2024 LEGISLATURE
April 14, 2023 - Introduced by Senators Quinn and Felzkowski, cosponsored by
Representatives Petryk, Allen, Armstrong, Behnke, Bodden, Born, Brooks,
Dallman, Dittrich, Duchow, Edming, Green, Gundrum, Macco, Magnafici,
Michalski, Moses, Mursau, Nedweski, O'Connor, Oldenburg, Penterman,
Petersen, Plumer, Rettinger, Schmidt, Wichgers, Wittke and Steffen.
Referred to Committee on Economic Development and Technical Colleges.
SB232,2,2
1An Act to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2. and 108.13
2(4) (a) 4.;
to consolidate, renumber and amend 108.04 (15) (a) (intro.) and
31.;
to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd), 40.02 (22) (b) 3.,
440.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3. c., 71.67 (7) (title), 105.01 (1)
5(b) 1., 105.115 (2) (b), 105.115 (2) (c), 105.115 (3) (a) 1., 105.115 (4) (b) 1., 105.115
6(4) (b) 3., 106.38 (3) (c) 3., 108.04 (2) (a) 3., 108.04 (12) (b), 108.133 (2) (a) (intro.),
7108.133 (2) (am), 108.14 (1), 108.141 (1) (b) 3., 108.142 (1) (h) 3., 108.19 (1m),
8111.39 (4) (c), 230.43 (4), 230.85 (3) (d) and 779.01 (2) (am);
to repeal and
9recreate chapter 108 (title); and
to create 15.223 (2), 108.01 (2m), 108.013,
10108.02 (21r), 108.04 (2) (a) 4. c., 108.04 (2) (a) 5., 108.04 (15) (a) 2. b., 108.04 (15)
11(am) and (ao) and 108.14 (8o) of the statutes;
relating to: various changes to
1the unemployment insurance law, federal Reemployment Services and
2Eligibility Assessment grants, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
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.
The 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
resume.
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. The 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.
The 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.
The bill requires that DWD act to continue to participate in the RESEA
program and requires DWD to provide certain RESEA services to all UI claimants.
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:
SB232,1
1Section 1
. 15.223 (2) of the statutes is created to read:
SB232,4,2
115.223
(2) Division of reemployment assistance. There is created in the
2department of workforce development a division of reemployment assistance.
SB232,2
3Section 2
. 20.445 (1) (aL) of the statutes is amended to read:
SB232,4,114
20.445
(1) (aL)
Unemployment insurance Reemployment assistance
5administration; controlled substances testing and substance abuse treatment. 6Biennially, the amounts in the schedule for conducting screenings of applicants,
7testing applicants for controlled substances, the provision of substance abuse
8treatment to applicants and claimants, and related expenses under s. 108.133.
9Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each
10odd-numbered year shall be transferred to the
unemployment reemployment
11assistance program integrity fund.
SB232,3
12Section 3
. 20.445 (1) (gd) of the statutes is amended to read:
SB232,5,613
20.445
(1) (gd)
Unemployment Reemployment assistance; interest and penalty
14payments. All moneys received as interest and penalties collected under ss. 108.04
15(11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under
16s. 108.19 (1q), and forfeitures under s. 103.05 (5), all moneys not appropriated under
17par. (gg) and all moneys transferred to this appropriation account from the
18appropriation account under par. (gh) for the payment of benefits specified in s.
19108.07 (5) and
1987 Wisconsin Act 38, section
132 (1) (c), for the payment of interest
20to employers under s. 108.17 (3m), for research relating to the condition of the
21unemployment reserve fund under s. 108.14 (6), for administration of the
22unemployment insurance reemployment assistance program and federal or state
23unemployment insurance reemployment assistance programs authorized by the
24governor under s. 16.54, for satisfaction of any federal audit exception concerning a
25payment from the unemployment reserve fund or any federal aid disallowance
1concerning the
unemployment insurance
reemployment assistance program, for
2assistance to the department of justice in the enforcement of ch. 108, for the payment
3of interest due on advances from the federal unemployment account under title XII
4of the social security act to the unemployment reserve fund, and for payments made
5to the unemployment reserve fund to obtain a lower interest rate or deferral of
6interest payments on these advances, except as otherwise provided in s. 108.20.
SB232,4
7Section 4
. 20.445 (1) (nd) of the statutes is amended to read:
SB232,5,198
20.445
(1) (nd)
Unemployment Reemployment assistance administration;
9apprenticeship and other employment services. From the moneys received from the
10federal government under section 903 (d) of the federal Social Security Act, as
11amended, the amounts in the schedule, as authorized by the governor under s. 16.54,
12to be used for administration by the department of apprenticeship programs under
13subch. I of ch. 106 and for administration and service delivery of employment and
14workforce information services, including the delivery of reemployment assistance
15services to
unemployment insurance reemployment assistance claimants. All
16moneys transferred from par. (n) for this purpose shall be credited to this
17appropriation account. No moneys may be expended from this appropriation unless
18the treasurer of the unemployment reserve fund determines that such expenditure
19is currently needed for the purposes specified in this paragraph.
SB232,5
20Section 5
. 40.02 (22) (b) 3. of the statutes is amended to read:
SB232,5,2221
40.02
(22) (b) 3. Unemployment insurance
or reemployment assistance 22benefits.
SB232,6
23Section 6
. 40.65 (5) (b) 2. of the statutes is amended to read:
SB232,5,2524
40.65
(5) (b) 2. Any unemployment insurance
or reemployment assistance 25benefit payable to the participant because of his or her work record.
SB232,7
1Section
7. 49.147 (3) (ac) 2. of the statutes is amended to read:
SB232,6,32
49.147
(3) (ac) 2. State
and federal unemployment reemployment assistance 3contributions or
federal unemployment taxes.
SB232,8
4Section 8
. 49.163 (3) (a) 3. c. of the statutes is amended to read:
SB232,6,65
49.163
(3) (a) 3. c. State
reemployment assistance contributions and federal
6unemployment insurance
contributions or taxes, if any.
SB232,9
7Section 9
. 71.67 (7) (title) of the statutes is amended to read:
SB232,6,98
71.67
(7) (title)
Withholding from
unemployment compensation insurance
9reemployment assistance.
SB232,10
10Section 10
. 105.01 (1) (b) 1. of the statutes is amended to read:
SB232,6,1611
105.01
(1) (b) 1. The person employing the individuals in addition to wages or
12salaries pays federal social security taxes, state
reemployment assistance
13contributions, and federal unemployment
contributions or taxes, carries worker's
14compensation insurance as required by state law
, and maintains liability insurance
15covering the acts of its employees while rendering services to, for or under the
16direction of a 3rd person; and
SB232,11
17Section 11
. 105.115 (2) (b) of the statutes is amended to read:
SB232,6,2518
105.115
(2) (b) A statement of the employment status of the home care worker,
19specifically, whether the home care worker is an employee of the home care
20placement agency or of the home care consumer or is an independent contractor and
21a statement identifying which party is responsible for paying the wages or salary of
22the home care worker, paying federal social security taxes and state
reemployment
23assistance contributions and federal unemployment
contributions or taxes with
24respect to the home care worker, and procuring worker's compensation or liability
25insurance covering injury to the home care worker.
SB232,12
1Section
12. 105.115 (2) (c) of the statutes is amended to read:
SB232,7,102
105.115
(2) (c) A statement that, notwithstanding the employment status of the
3home care worker specified in the notice, the home care consumer may be determined
4to be the employer of the home care worker for purposes of certain state and federal
5labor laws and that, if that is the case, the home care consumer may be held
6responsible for paying the wages or salary of the home care worker, paying federal
7social security taxes and state
reemployment assistance contributions and federal
8unemployment
contributions or taxes with respect to the home care worker,
9procuring worker's compensation or liability insurance covering injury to the home
10care worker, and complying with various other state and federal labor laws.
SB232,13
11Section 13
. 105.115 (3) (a) 1. of the statutes is amended to read:
SB232,7,1612
105.115
(3) (a) 1. A statement identifying which party is responsible for paying
13the wages or salary of the home care worker, paying federal social security taxes and
14state
reemployment assistance contributions and federal unemployment
15contributions or taxes with respect to the home care worker, and procuring worker's
16compensation or liability insurance covering injury to the home care worker.
SB232,14
17Section 14
. 105.115 (4) (b) 1. of the statutes is amended to read:
SB232,8,318
105.115
(4) (b) 1. If the department finds that a home care placement agency
19has failed to provide a home care consumer with the notice required under sub. (2)
20and that the home care consumer is liable for the payment of federal social security
21taxes or state
reemployment assistance contributions or federal unemployment
22contributions or taxes with respect to the home care worker, for the provision of
23worker's compensation or liability insurance covering injury to the home care
24worker, for the payment of any fine or penalty imposed on the home care consumer
25for noncompliance with any state or federal labor law with respect to the home care
1worker, or for any injury to the home care worker, the department may recover from
2the home care placement agency, on behalf of the home care consumer, an amount
3equal to the total cost of those liabilities.
SB232,15
4Section 15
. 105.115 (4) (b) 3. of the statutes is amended to read:
SB232,8,175
105.115
(4) (b) 3. In the case of a home care consumer who commences an action
6in circuit court under par. (a), if the circuit court finds that the home care placement
7agency has failed to provide the home care consumer with the notice required under
8sub. (2) and that the home care consumer is liable for the payment of federal social
9security taxes or state
reemployment assistance contributions or federal
10unemployment
contributions or taxes with respect to the home care worker, for the
11provision of worker's compensation or liability insurance covering injury to the home
12care worker, for the payment of any fine or penalty imposed on the home care
13consumer for noncompliance with any state or federal labor law with respect to the
14home care worker, or for any injury to the home care worker, the court may order the
15home care placement agency to pay to the home care consumer an amount equal to
16the total cost of those liabilities, together with costs under ch. 814 and,
17notwithstanding s. 814.04 (1), reasonable attorney fees.