LRBs0166/1
MED&AJM:cjs&emw
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 212
November 3, 2015 - Offered by Representatives Jorgensen and Zamarripa.
AB212-ASA1,1,3
1An Act to create 108.04 (11) (cr), 108.09 (8) (c) and 977.05 (4) (jr) of the statutes;
2relating to: misrepresentations in filing for or claiming unemployment
3insurance benefits.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB212-ASA1,1
4Section
1. 108.04 (11) (cr) of the statutes is created to read:
AB212-ASA1,2,45
108.04
(11) (cr) In addition to any requirement to repay benefits or an
6assessment under par. (cm), if an individual commits a violation of par. (cm) and
7subsequently commits another violation of par. (cm), the individual shall be
8ineligible for benefits under this chapter for a period of 364 weeks, beginning with
9the week in which any determination is made that the individual committed such a
10subsequent violation. This paragraph shall only apply to individuals whom the
11department refers to the district attorney in the county in which the individual
1resides for prosecution. For purposes of this paragraph, only violations committed
2after the effective date of this paragraph .... [LRB inserts date], shall be counted. The
3legislative audit bureau shall annually conduct a performance evaluation audit of
4the department's application of this paragraph.
AB212-ASA1,2
5Section
2. 108.09 (8) (c) of the statutes is created to read:
AB212-ASA1,2,106
108.09
(8) (c) Whenever the department issues a determination in which the
7application of s. 108.04 (11) (cr) to the person is at issue, or a determination that could
8result in the application of s. 108.04 (11) (cr) to the person, the department shall
9notify the person of the availability of representation by the state public defender
10under s. 977.05 (4) (jr).
AB212-ASA1,3
11Section
3. 977.05 (4) (jr) of the statutes is created to read:
AB212-ASA1,2,1712
977.05
(4) (jr) At the request of a person determined by the state public
13defender to be indigent, represent the person in proceedings under s. 108.09 or
14108.095 in which the application of s. 108.04 (11) (cr) to the person is at issue, or
15proceedings that could result in the application of s. 108.04 (11) (cr) to the person,
16before an appeal tribunal appointed under s. 108.09 (3) or the labor and industry
17review commission and in any subsequent judicial proceedings.
AB212-ASA1,2,2219
(1)
Weekly claim certification revision. The department of workforce
20development shall revise the weekly claim certification questions to address any
21federal department of labor concerns regarding the questions' compound, complex
22nature.
AB212-ASA1,3,223
(2)
Implementation. Notwithstanding the effective date of this act, the
24department of workforce development shall implement section 108.04 (11) (cr) of the
25statutes, as created by this act, only after the council on unemployment insurance
1approves any revisions to the weekly claim certification questions made under
2subsection (1).
