-Date 2024of LEGISLATUREenactment: LRB-2493/1 MED:skw ASSEMBLY BILL 152 April 7, 2023 - Introduced by Representatives O 'CONNOR , GUNDRUM , BROOKS , R OZAR, PETRYK, SORTWELL , EDMING, B EHNKE, M OSES, NEDWESKI , PLUMER , K NODL, MACCO, BRANDTJEN , ETERSEN, WICHGERS, GUSTAFSON and RETTINGER , cosponsored by Senators EYEN , TROEBEL, NASSand F ELZKOWSKI.
ReferredAssembly toBill Committee152 onDate Workforceof Developmentpublication*: and Economic Opportunities.
WISCONSIN ACT A N A CT to create 16.004 (18m), 108.14 (10m), 108.14 (23m), 108.14 (29) and 108.14 (30) of the statutes;relatingstatutes; to:
relating to:
AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Urepresented NEMPLOYMENTin INSURANCE(d) ThisThe billsecretary makesmay varioussubmit changesa inrequest theto unemploymentextend insurancean (UI)senate law,and whichassembly, isdo administeredenact byas thefollows: Department of Workforce Development.
Significantallowable changesperiod includeunder allpar. of the following:
Identity(b) proofing The bill requires DWD to implement identity-proofing measures for UI claimants who are engaging in benefit-related transactions with DWD that 1) require a claimant to verify his or her identity prior to filing an initial claim for benefits and when engaging in other transactions with DWD, and 2) achieve the IAL2cochairpersons and AAL2 standards adopted in the National Institute of StandardsSECTION and1c. Technology's Digital Identity Guidelines.
Education16.004 and(18m) informationalof materials Current law requires DWD to compile and provide to employers certain information about how the UIstatutes systemis works,created including a handbook on the UIjoint systemcommittee - 2024 Legislature - 2 - LRB-2493/1 MED:skw ASSEMBLY BILL 152 for employers and information concerning the financing of the UI system that is published on DWD'sfinance website.in writing.
TheIf billthe requirescochair- DWD to alsoread: provide certain training materials for employers and claimants on the UI system.
Thepersons billof requiresthe DWDjoint tocommittee publishon trainingfinance videosdo onnot itsnotify website16.004 and(18m) alsoT toEMPORARY provideASSIGNMENT liveOF trainingEMPLOY seminars- forthe employingsecretary units that arethe freecommittee ofhas chargescheduled anda providedmeeting onEES aTO quarterlyDEPARTMENT basis.OF WORKFORCE DEVELOPMENT.
Assistance(a) callIn centerfor Thethe billpurpose requiresof DWDreviewing tothe operaterequest awithin call14 centerwork- toing assistdays claimantsafter forthe UIsecretary benefitssubmitted orthe similarrequest, federalthe payments.sec- this subsection:
Underretary themay bill,extend if the volumeallowable ofperiod calls has increased by percent120 ordays. more over the same week during the previous year or if there is a declared state of emergency for the state that causes or relates to an increase in UI claims, DWD is required to increase the hours for the call center to include evening hours after 5 p.m.
andIf, weekend1. hours.
Database“Allowable comparisonsperiod” Themeans bill requires DWD to perform a comparisonperiod ofdescribed statein andpar. national databases that track death records, employment records, and prison records against recipients of UI benefits for the purposes of detecting fraud or erroneous payments.
The(c). bill requires DWD to perform the comparison on at least a weekly basis.
Thewithin bill14 providesworking thatdays DWDafter maythe alsosecretary makesubmitted suchthe comparisons2. with other databases.
O“State THERagency” CHANGESmeans Transferany ofoffice employeesor todepartment DWDin Therequest, bill authorizes the secretarycochairpersons of administrationthe tojoint temporarilycommittee transferon employeesthe from any executive branch agencyof tostate DWDgovernment. to assist in deciding UI appeals.
Underfinance notify the bill,secretary DWD must pay all salary and fringe benefit costs of that employee during the timecommittee thehas employeesched- is(b) atNotwithstanding DWD.s.
For230.047, furtherthe informationsecretary seemay uled a meeting for the statepurpose andof localreviewing fiscalthe estimate,request whichtransfer willany beemployee printedto asthe andepartment appendixof workforce application, the department may extend the allowable development from any other state agency to thisprovide bill.ser- period only with the committee’s approval.
The peoplecommit- tee shall notify the secretary of all of its actions taken vices for the statedepartment of Wisconsin,workforce representeddevelopment inthat senateare andneeded assembly,to dohear enactand asdecide follows:appeals under s.
S108.09 ECTION(4). 1.
108.14under (10m)this ofparagraph. the statutes is created to read:
108.14(10m)Such Thean departmentemployee shallmay, implementnotwithstanding identity-proofings. measures for claimants who are engaging in benefit-related transactions with the department that satisfy all of the following:
(a)108.09 The(3) measures(a), require(e) aIf claimant to verify his or her identity prior to filing an initialemployee claimis fortransferred benefitsunder andpar. when engaging in other transactions with the department.
LRB-2493/1(b), - 2024 Legislature - 3 - MED:skw SECTION 1 ASSEMBLY BILL 152 (b) The measures achieve the IAL2serve andas AAL2an standardsappeal adoptedtribunal inunder thess. National Institute of Standards and Technology's Digital Identity Guidelines.
SECTION108.09 2.to 108.10, department of workforce development may not increase subject to approval by the secretary of workforce devel- the employee’s salary at the time of transfer or during the opment.
108.14The (23m)department of workforce development time he or she is providing services for the statutesdepartment of shall pay all salary and fringe benefit costs of the workforce development, and the state agency from which employee during the time he or she is createdproviding toservices read:the employee was transferred may not increase the for the department of workforce development.
108.14employee’s (23m)salary Theat departmentthe shalltime providethe trainingemployee materialsreturns onto the unemployment(c) insuranceA system,transfer includingunder allpar. of the following:
(a)(b) Trainingmay videosbe formade claimantsat andany employingtime unitsstate publishedagency. on the department's website.
(b)for Live120 trainingdays, seminarsunless foran employingextension unitsis thatapproved areby freethe ofjoint charge(f) andThe providedsecretary onshall submit a quarterlyreport basis.to the joint committee on finance as set forth in par.
The(d). seminars may be in-person, online, or both.
SECTIONcommittee 3.on finance, no later than the first day of the * Section 991.11,ISCONSISTATUTES:
108.14Effective (29)date of theacts. statutes is created to read:
108.14“Every (29)act (a)and Theevery departmentportion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall maintaintake aeffect callon centerthe today provideafter assistanceits date of publication.” Wisconsin Act − 2 − 2023 Assembly Bill 152 2nd month beginning after an allowable period has begun (b) The department shall, during each of the follow- and supporton bythe telephonefirst today claimantsof foreach benefitssubsequent undermonth thisduring chapteran oring paymentsperiods, underextend federalthe assistancecall programscenter forhours unemployment.to include hours allowable period, that provides information on all after 5 p.m.
(b)on Theweekdays departmentand shall,at duringleast each16 of the following periods, extend the call center hours toon includeweek- hoursemployee aftertransfers 5under p.m.par.
on(b). weekdays and at least 16 hours on weekends:
Each report shall spec- ends:
ify the number of employees transferred, the title of each 1.
During a declared state of emergency for the state employee transferred, the title the employee assumed at that causes or relates to an increase in unemployment the department of workforce development, and the rea- claims.
sons for each employee transfer.
2.
For 90 days after any week in which the call center SECTION 1m.
108.14 (10m) of the statutes is created experiences an increase of at least 300 percent in calls to read:
compared to the same week during the previous year, and 108.14(10m) The department shall implement iden- for 90 days after each subsequent week in which such an tity−proofing measures for claimants who are engaging increase occurs.
in benefit−related transactions with the department that SECTION 4.
108.14 (30) of the statutes is created to satisfy all of the following:
(a) The measures require a claimant to verify his or read:
108.14 (30) (a) The department shall, on at least a her identity prior to filing an initial claim for benefits and weekly basis, perform a comparison of recipients of ben- when engaging in other transactions with the department.
efits under this chapter against all of the following for the (b) The measures achieve the IAL2 and AAL2 stan- purpose of detecting fraud or erroneous payments:
dards adopted in the National Institute of Standards and Technology’s Digital Identity Guidelines.
DuringNationally arecognized declareddatabases state of emergency for the state that causescontain orSECTION relates2. to an increase in unemployment claims.
108.14 (23m) of the statutes is created to information on death records, including the federal social security administration’s death master file.
read:
ForThe 90National daysAssociation after any week in which the call center experiences an increase of atState leastWorkforce 300108.14(23m) percentThe indepartment callsshall comparedprovide totraining theAgencies’ sameintegrity weekdata duringhub. the previous year, and for 90 days after each subsequent week in which such an increase occurs.
SECTIONmaterials 4.on the unemployment insurance system, including all of the following:
108.14 (30) of the statutes is created to read:
108.14 (30) (a) The department shall, on at least a weekly basis, perform a comparison of recipients of benefits under this chapter against all of the following for the purpose of detecting fraud or erroneous payments:
- 2024 Legislature - 4 - LRB-2493/1 MED:skw ASSEMBLY BILL 152 SECTION 4 1.
Nationally recognized databases that contain information on death records, including the federal social security administration's death master file.
2.
The National Association of State Workforce Agencies' integrity data hub.
The national directory of new hires maintained by (a) Training videos for claimants and employing the office of child support enforcement in the U.S.
units published on the department’s website.
Prisoner databases maintained by the department (b) Live training seminars for employing units that of justice, the department of corrections, and the U.S.
are free of charge and provided on a quarterly basis.
The seminars may be in−person, online, or both.
(b)SECTION The3. department may perform comparisons of recipients of benefits under this chapter against public or private databases in addition to those specified in par.
108.14 (29) of the statutes is created to (b) The department may perform comparisons of read:
recipients of benefits under this chapter against public or 108.14 (29) (a) The department shall maintain a call private databases in addition to those specified in par.
center to provide assistance and support by telephone to claimants for benefits under this chapter or payments SECTION 5.0Nonstatutory6.0Effective provisions.date.
(1)under (a)federal Inassistance thisprograms subsection,for “allowableunemployment. period” means the period described in par.
(c).(1) ThisacttakeseffectontheSundayafterpublication.
(b) During the allowable period, the secretary of administration may transfer any employee to the department of workforce development from any other state agency to provide services for the department of workforce development that are needed to hear and decide appeals under s.
108.09 (4).
Such an employee may, notwithstanding s.
108.09 (3) (a), serve as an appeal tribunal under ss.
108.09 to 108.10, subject to approval by the secretary of workforce development.The department of workforce development shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the department of workforce development.
Any action by the secretary of administration under this paragraph shall remain in effect until rescinded by the secretary or 90 days after the last day of the allowable period, whichever is earliest.
LRB-2493/1 - 2024 Legislature - 5 - MED:skw SECTION 5 ASSEMBLY BILL 152 (c) A transfer under par.
(b) may be made at any time during the period beginning on the effective date of this paragraph and ending on the 120th day after the effective date of this paragraph, except that the joint committee on finance may, upon request of the secretary of administration, extend the period by not more than an additional 120 days.
(d) If an employee is transferred under par.
(b), the department of workforce development may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the department of workforce development, and the agency from which the employee was transferred may not increase the employee's salary at the time the employee returns to the agency.
(e) The secretary of administration shall submit a report to the joint committee on finance, no later than the first day of the 2nd month beginning after the effective date of this paragraph and on the first day of each subsequent month during the allowable period, that provides information on all employee transfers under par.
(b).
Each report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the department of workforce development, and the reasons for each employee transfer.
SECTION 6.0Effective date.
(1) This act takes effect on the Sunday after publication.
(END)