Wisconsin 2021-2022 Regular Session Status: To Executive 23 R cosponsors

AB 939 — Relating to: various changes to the unemployment insurance law. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
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    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

154 added · 285 removed

Plain-language change summary

The recent amendments to Bill AB 939 bring important changes to the unemployment insurance law in Wisconsin. Notably, employers are now required to report when a job candidate either declines or misses a job interview, as well as when they fail to show up for work when it's available. This matters because it aims to improve accountability in the job-seeking process and ensure that benefits are given fairly, potentially helping to reduce fraudulent claims. Overall, these changes may help streamline the unemployment system and encourage more active job searching among claimants.

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- 2022 LEGISLATURE LRB-3005/1 MED:emw ASSEMBLY BILL 939 January 31, 2022 - Introduced by RepresentativesLUMER , MOSES, ENTERMAN , ARMSTRONG , AUGUST, BRANDTJEN , CABRAL-GUEVARA , CALLAHAN, D ALLMAN, DITTRICH, DUCHOW , EDMING , JAMES, K ATSMA, KITCHENS, K NODL, K RUG, KUGLITSCH, K URTZ, LOUDENBECK , MACCO, M AGNAFICI, PETERSEN, PETRYK, SCHRAA, SNYDER, SORTWELL, STEFFEN, TITT, TUSLER, VORPAGEL, WICHGERS, ZIMMERMAN and B ORN , cosponsored by Senators F ELZKOWSKI, BERNIER, DARLING, FEYEN , MARKLEIN and S TROEBEL.
Date of enactment:
Referred to Committee on Workforce Development.
Assembly Bill 939 Date of publication*:
A N A CT to renumber 108.04 (2) (ae);
WISCONSIN ACT A N A CT to renumber 108.04 (2) (ae);
to amend108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm), 108.04 (13) (c), 108.04 (13) (e), 108.04 (13) (f), 108.09 (1), 108.14 (21) and 108.22 (8) (a);
to amend 108.04 (2) (bm), 108.04 (2) (g) 2., 108.04 (11) (cm), 108.04 (13) (c), 108.04 (13) (e), 108.04 (13) (f), 108.09 (1), 108.14 (21) and 108.22 (8) (a);
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.
The people of the state of Wisconsin, represented in 108.04(2) (ae) 1.
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.
In determining whether a claimant senate and assembly, do enact as follows:
The bill also provides that an employer may report to DWD whenever 1) an individual declines a job interview or job offer;
is available for work under par.
2) an individual fails to respond to a job interview offer or job offer;
(a) 1.
3) an individual fails to attend a scheduled job interview without attempting to reschedule the job interview;
and has maintained an attachment to the labor market, the department shall SECTION 1.
4) a UI claimant is unavailable for, or unable to perform, work actually available within a given week;
108.04 (1) (hg) of the statutes is created consider reports made by employing units under sub.
or 5) under certain circumstances, the employer recalls a former employee receiving - 2022 Legislature - 2 - LRB-3005/1 MED:emw ASSEMBLY BILL 939 UI benefits who fails to return to work.
(1) to read:
The bill requires DWD to consider these reports in determining claimants' attachment to the labor market.
(hg).
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:
SECTION 1.
108.04 (1) (hg) of the statutes is created to read:
An employing unit may report to the department whenever any of the following occurs:
An employing unit may report to SECTION 4.
108.04 (2) (bm) of the statutes is the department whenever any of the following occurs:
amended to read:
An individual declines a job interview or job offer with the employing unit.
An individual declines a job interview or job offer 108.04 (2) (bm) A claimant is ineligible to receive with the employing unit.
b.
benefits for any week for which there is a determination b.
An individual fails to respond to a job interview offer or job offer made by the employing unit.
An individual fails to respond to a job interview that the claimant failed to comply with the registration for offer or job offer made by the employing unit.
c.
work and work search requirements under par.
An individual fails to attend a scheduled job interview with the employing unit, unless the individual attempts to reschedule the job interview.
LRB-3005/1 - 2022 Legislature - 3 - MED:emw SECTION 1 ASSEMBLY BILL 939 d.
An employee claiming benefits is unavailable for, or unable to perform, work actually available within a given week as described in par.
(a).
e.
The employing unit recalls an employee who fails to return to work as described in sub.
(8) (c).
2.
The department shall investigate each report submitted under subd.
1.
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as needed to determine whether the report affects a claimant's eligibility under sub.
(2) (hL).
SECTION 2.
108.04 (2) (ae) of the statutes is renumbered 108.04 (2) (ae) 2.
SECTION 3.
108.04 (2) (ae) 1.
of the statutes is created to read:
108.04 (2) (ae) 1.
In determining whether a claimant is available for work under par.
(a) 1.
and has maintained an attachment to the labor market, the department shall consider reports made by employing units under sub.
(1) (hg).
SECTION 4.
108.04 (2) (bm) of the statutes is amended to read:
108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to comply with the registration for work and work search requirements under par.
or 3.
or c.
or failed to provide verification to the department that the claimant complied with those requirements, unless the department has waived those requirements under par.
An individual fails to attend a scheduled job inter- 3.
(b), (bb), or (bd) or s.
or failed to provide verification to the department that view with the employing unit, unless the individual the claimant complied with those requirements, unless attempts to reschedule the job interview.
the department has waived those requirements under par.
d.
An employee claiming benefits is unavailable for, (b), (bb), or (bd) or s.
If the department has paid benefits to a claimant for any such week, the department may shall act to recover the overpayment under s.
If the department or unable to perform, work actually available within a has paid benefits to a claimant for any such week, the given week as described in par.
(a).
department may shall act to recover the overpayment e.
The employing unit recalls an employee who fails under s.
to return to work as described in sub.
(8) (c).
of the statutes is amended to read:
of the statutes is 2.
108.04 (2) (g) 2.
The department shall investigate each report sub- amended to read:
If a claimant's security credentials are used in the filing of an initial or continued claim for benefits or any other transaction, the individual using the security credentials is presumed to have been the claimant or the claimant's - 2022 Legislature - 4 - LRB-3005/1 MED:emw ASSEMBLY BILL 939 SECTION 5 authorized agent.
mitted under subd.
This presumption may be rebutted by a preponderance of evidence showing that the claimant who created the security credentials or the claimant's authorized agent was not the person who used the credentials in a given transaction.
1.
If a claimant uses an agent to engage in any transaction with the department using the claimant's security credentials, the claimant is responsible for the actions of the agent.
as needed to determine whether the 108.04 (2) (g) 2.
If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, and the department pays benefits to an unauthorized person because of the claimant's action or inaction, the department may recover from the claimant the benefits that were paid to the unauthorized person shall, in the same manner as provided for overpayments to claimants under s.
If a claimant’s security credentials report affects a claimant’s eligibility under sub.
(2) (hL).
are used in the filing of an initial or continued claim for SECTION 2.
108.04 (2) (ae) of the statutes is renum- benefits or any other transaction, the individual using the bered 108.04 (2) (ae) 2.
security credentials is presumed to have been the SECTION 3.
108.04 (2) (ae) 1.
of the statutes is created claimant or the claimant’s authorized agent.
This pre- to read:
sumption may be rebutted by a preponderance of evi- * Section 991.11ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion 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 take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Assembly Bill 939 dence showing that the claimant who created the security an additional amount equal to the amount of benefits credentials or the claimant’s authorized agent was not the obtained.
person who used the credentials in a given transaction.
S ECTION 8.
108.04 (13) (c) of the statutes is amended If a claimant uses an agent to engage in any transaction to read:
with the department using the claimant’s security creden- 108.04(13) (c) If an employer, after notice of a bene- tials, the claimant is responsible for the actions of the fit claim, fails to file an objectionresponse to the claim agent.
If a claimant who created security credentials or under s.
108.09 (1), any benefits allowable under any the claimant’s authorized agent divulges the credentials resulting benefit computation shall, unless the depart- to another person, or fails to take adequate measures to ment applies a provision of this chapter to disqualify the protect the credentials from being divulged to an unau- claimant, be promptly paid.
Except as otherwise pro- thorized person, and the department pays benefits to an vided in this paragraph, any eligibility question in objec- unauthorized person because of the claimant’s action or tion response to the claim raised made by the employer inaction, the department may recover from the claimant after benefit payments to the claimant are commenced the benefits that were paid to the unauthorized person does not affect benefits paid before the end of the week shall, in the same manner as provided for overpayments in which a determination is issued as to the eligibility to claimants under s.
108.245, act to recover from the claimant the benefits that were paid to the unauthorized person.
108.245, act to question unless the benefits are erroneously paid without recover from the claimant the benefits that were paid to fault on the part of the employer.
If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, the department is not obligated to pursue recovery of, or to reimburse the claimant for, benefits payable to the claimant that were erroneously paid to another person.
Except as otherwise the unauthorized person.
SECTION 6.
If a claimant who created secu- provided in this paragraph, if an employer fails to provide rity credentials or the claimant’s authorized agent correct and complete information requested by the divulges the credentials to another person, or fails to take department during a fact−finding investigation, but later adequate measures to protect the credentials from being provides the requested information, benefits paid before divulged to an unauthorized person, the department is not the end of the week in which a redetermination is issued obligated to pursue recovery of, or to reimburse the regarding the matter or, if no redetermination is issued, claimant for, benefits payable to the claimant that were before the end of the week in which an appeal tribunal erroneously paid to another person.
108.04 (2) (hL) of the statutes is created to read:
decision is issued regarding the matter, are not affected SECTION 6.
108.04 (2) (hL) 1.
108.04 (2) (hL) of the statutes is created by the redetermination or decision, unless the benefits are to read:
erroneously paid without fault on the part of the employer 108.04 (2) (hL) 1.
2., if a claimant is subject to the requirement under par.
2., if a claimant as provided in par.
(f).
If benefits are erroneously paid is subject to the requirement under par.
to conduct a reasonable search for suitable work for a given week and the department received one or more credible reports in that week that the claimant declined or failed to respond to a job interview offer or failed to attend a scheduled job interview, the claimant shall not be considered to have conducted a reasonable search for suitable work in that week under par.
to conduct because the employer and the employee are at fault, the a reasonable search for suitable work for a given week department shall charge the employer for the benefits and and the department received one or more credible reports proceed to create an overpayment under s.
108.22 (8) (a).
in that week that the claimant declined or failed to If benefits are erroneously paid without fault on the part respond to a job interview offer or failed to attend a of the employer, regardless of whether the employee is at scheduled job interview, the claimant shall not be consid- fault, the department shall charge the benefits as provided ered to have conducted a reasonable search for suitable in par.
(d), unless par.
(e) applies, and proceed to create work in that week under par.
LRB-3005/1 - 2022 Legislature - 5 - MED:emw SECTION 6 ASSEMBLY BILL 939 2.
an overpayment under s.
108.22 (8) (a).
If benefits are 2.
A claimant may demonstrate to the department that a report described in subd.
A claimant may demonstrate to the department erroneously paid because an employer is at fault and the that a report described in subd.
was inaccurate, that an interview was for a job that the claimant was not required to accept under sub.
was inaccurate, that an department recovers the benefits erroneously paid under interview was for a job that the claimant was not required s.
(8) (d) to (em), or that the claimant had other good cause for the declination or failure reported.
108.22, the recovery does not affect benefit charges to accept under sub.
If the department so determines, the report shall be disregarded for purposes of subd.
(8) (d) to (em), or that the claimant made under this paragraph.
had other good cause for the declination or failure S ECTION 9.
108.04 (13) (e) of the statutes is amended reported.
If the department so determines, the report to read:
shall be disregarded for purposes of subd.
b.
108.04 (13) (e) If the department erroneously pays b.
received during a claimant's benefit year that is not otherwise disregarded under subd.
benefits from one employer’s account and a 2nd received during a claimant’s benefit year that is not other- employer is at fault, the department shall credit the bene- wise disregarded under subd.
shall be disregarded for purposes of subd.
shall be disregarded fits paid to the first employer’s account and charge the for purposes of subd.
SECTION 7.
benefits paid to the 2nd employer’s account.
108.04 (11) (cm) of the statutes is amended to read:
Filing of a SECTION 7.
108.04 (11) (cm) If any person makes a false statement or representation in order to obtain benefits in the name of another person, the benefits received by that person constitute a benefit overpayment.
108.04 (11) (cm) of the statutes is tardy or corrected report or objection response does not amended to read:
Such personshall, by a determination or decision issued under s.
affect the 2nd employer’s liability for benefits paid 108.04 (11) (cm) If any person makes a false state- before the end of the week in which the department ment or representation in order to obtain benefits in the makes a recomputation of the benefits allowable or name of another person, the benefits received by that per- before the end of the week in which the department issues son constitute a benefit overpayment.
108.095, be required to repay the amount of the benefits obtained and be assessed an administrative assessment in an additional amount equal to the amount of benefits obtained.
Such person may a determination concerning any eligibility question shall, by a determination or decision issued under s.
SECTION 8.
raised by the report or by the 2nd employer.
108.04 (13) (c) of the statutes is amended to read:
If the 2nd 108.095, be required to repay the amount of the benefits employer fails to provide correct and complete informa- obtained and be assessed an administrative assessment in tion requested by the department during a fact−finding Assembly Bill 939 − 3 − 2021 Wisconsin Act investigation, but later provides the requested informa- (a) Information about audits conducted by the depart- tion, the department shall charge to the account of the 2nd ment under sub.
108.04 (13) (c) If an employer, after notice of a benefit claim, fails to file an objection a response to the claim under s.
(20), including the number and results of employer the cost of benefits paid before the end of the audits performed, in the previous year.
108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the claimant, be promptly paid.
week in which a redetermination is issued regarding the SECTION 13.
Except as otherwise provided in this paragraph, any eligibility question in objection response to the claim raised made by the employer after benefit payments to the claimant are commenced does not affect benefits paid before the end of the week in which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of the employer.
108.14 (19) (b) of the statutes is created matter or, if no redetermination is issued, before the end to read:
Except as otherwise provided in this paragraph, - 2022 Legislature - 6 - LRB-3005/1 MED:emw ASSEMBLY BILL 939 SECTION 8 if an employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, benefits paid before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, before the end of the week in which an appeal tribunal decision is issued regarding the matter, are not affected by the redetermination or decision, unless the benefits are erroneously paid without fault on the part of the employer as provided in par.
of the week in which an appeal tribunal decision is issued 108.14 (19) (b) Information on reports submitted by regarding the matter, unless the benefits erroneously are employing units under s.
108.04 (1) (hg) 1., including paid without fault on the part of the employer as provided actions taken by the department in response to the reports in par.
If benefits are erroneously paid because the employer and the employee are at fault, the department shall charge the employer for the benefits and proceed to create an overpayment under s.
If the department recovers the benefits erro- as required under s.
108.22 (8) (a).
If benefits are erroneously paid without fault on the part of the employer, regardless of whether the employee is at fault, the department shall charge the benefits as provided in par.
(d), unless par.
(e) applies, and proceed to create an overpayment under s.
108.22 (8) (a).
If benefits are erroneously paid because an employer is at fault and the department recovers the benefits erroneously paid under s.
108.22, the recovery does not affect benefit charges made under this paragraph.
SECTION 9.
108.04 (13) (e) of the statutes is amended to read:
108.04 (13) (e) If the department erroneously pays benefits from one employer's account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer's account and charge the benefits paid to the 2nd employer's account.
Filing of a tardy or corrected report or objectiondoes not affect the 2nd employer's liability for benefits paid before the end of the week in which the department makes a recomputation of the benefits allowable or before the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer.
If the 2nd employer LRB-3005/1 - 2022 Legislature - 7 - MED:emw SECTION 9 ASSEMBLY BILL 939 fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, the department shall charge to the account of the 2nd employer the cost of benefits paid before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, before the end of the week in which an appeal tribunal decision is issued regarding the matter, unless the benefits erroneously are paid without fault on the part of the employer as provided in par.
(f).
If the department recovers the benefits erroneously paid under s.
108.22, the recovery does not affect benefit charges made under this paragraph.
SECTION 10.
108.04 (13) (f) of the statutes is amended to read:
108.04(13) (f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, the employer fails to provide correct and complete information on the report, the employer fails to object respond to the benefit claim under s.
108.09 (1), the employer fails to provide correct and complete information requested by the department during a fact-finding investigation, unless an appeal tribunal, the commission, or a court of competent jurisdiction finds that the employer had good cause for the failure to provide the information, or the employer aids and abets the claimant in an act of concealment as provided in sub.
(11), the employer is at fault.
If benefits are erroneously paid because an employee commits an act of concealment as provided in sub.
(11) or fails to provide correct and complete information to the department, the employee is at fault.
SECTION 11.
108.09 (1) of the statutes is amended to read:
108.09 (1) FILING.Claims for benefits shall be filed pursuant to department rules.
Each employer that is notified of a benefit claim shall promptly inform a full and prompt response to the department in writing as to any eligibility question - 2022 Legislature - 8 - LRB-3005/1 MED:emw ASSEMBLY BILL 939 SECTION 11 in objection to such claim together with the reasons for the objectionbe at issue with respect to the claim, regardless of any objection to the claim on the part of the employer.
The department may also obtain information from the employee concerning the employee's eligibility, employment or wages.
SECTION 12.
108.14 (19) of the statutes is renumbered 108.14 (19) (intro.) and amended to read:
108.14 (19) (intro.) No later than March 15 annually, the department shall prepare and furnish to the council on unemployment insurance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s.
13.172 (3), a report summarizing the department's activities related to detection and prosecution of unemployment insurance fraud in the preceding year.
The department shall include all of the followingthe report information:
(a) Information about audits conducted by the department under sub.
(20), including the number and results of audits performed, in the previous year.
SECTION 13.
108.14 (19) (b) of the statutes is created to read:
108.14 (19) (b) Information on reports submitted by employing units under s.
108.04 (1) (hg) 1., including actions taken by the department in response to the reports as required under s.
and their effect on claimants' eligibility for benefits under s.
and their effect on neously paid under s.
108.04 (2) (ae) 1.
108.22, the recovery does not affect claimants’ eligibility for benefits under s.
108.04 (2) (ae) benefit charges made under this paragraph.
1.
SECTION 14.
SECTION 10.
108.14 (21) of the statutes is amended to read:
108.04 (13) (f) of the statutes is SECTION 14.
108.14(21) The department shall maintain a portal on the Internet that allows employers employing units to log in and file with the department complaints related to the administration of this chapter and reports under s.
108.14 (21) of the statutes is amended amended to read:
108.04 (1) (hg).
to read:
SECTION 15.
108.04 (13) (f) If benefits are erroneously paid 108.14 (21) The department shall maintain a portal because the employer fails to file a report required by this on the Internet that allows employers employing units to chapter, the employer fails to provide correct and com- log in and file with the department complaints related to plete information on the report, the employer fails to the administration of this chapter and reports under s.
108.14 (28) of the statutes is created to read:
object respond to the benefit claim under s.
LRB-3005/1 - 2022 Legislature - 9 - MED:emw S ECTION 15 ASSEMBLY BILL 939 108.14 (28) The department shall have in effect methods to address circumstances in which an employee fails to return to work or to accept suitable work without good cause as described in s.
108.09 (1), 108.04 (1) (hg).
108.04 (8) or in which the employee is unavailable for work or unable to perform work under s.
the employer fails to provide correct and complete infor- SECTION 15.
108.14 (28) of the statutes is created to mation requested by the department during a fact−find- read:
ing investigation, unless an appeal tribunal, the commis- 108.14 (28) The department shall have in effect sion, or a court of competent jurisdiction finds that the methods to address circumstances in which an employee employer had good cause for the failure to provide the fails to return to work or to accept suitable work without information, or the employer aids and abets the claimant good cause as described in s.
108.04 (8) or in which the in an act of concealment as provided in sub.
(11), the employee is unavailable for work or unable to perform employer is at fault.
If benefits are erroneously paid work under s.
The methods shall include all of the following:
The methods shall include because an employee commits an act of concealment as all of the following:
(a) Reporting methods, including a telephone line, an electronic mail address, and an online portal, for an employing unit to notify the department when an employee refuses an offer of work.
provided in sub.
(b) A plain-language notice provided to employees by the department when applying for benefits about the application of s.
(11) or fails to provide correct and com- (a) Reporting methods, including a telephone line, an plete information to the department, the employee is at electronic mail address, and an online portal, for an fault.
108.04 (8) (a) to (c), including what constitutes suitable work under s.
employing unit to notify the department when an SECTION 11.
108.04 (8) (d) and (dm), and an employee's right to fail to accept suitable work for good cause under s.
108.09 (1) of the statutes is amended to employee refuses an offer of work.
read:
(b) A plain−language notice provided to employees 108.09 (1) F ILING.
Claims for benefits shall be filed by the department when applying for benefits about the pursuant to department rules.
Each employer that is noti- application of s.
108.04 (8) (a) to (c), including what con- fied of a benefit claim shall promptly inform provide a stitutes suitable work under s.
108.04 (8) (d) and (dm), full and prompt response to the department in writing as and an employee’s right to fail to accept suitable work for to any eligibility question in objection to such claim good cause under s.
about the application of s.
about the applica- together with the reasons for the objection that may be at tion of s.
and including information on contesting the denial of a claim that has been denied due to a report by an employing unit that an employee failed to return to work, failed to accept suitable work, or was unavailable for work or unable to perform work.
and including information on issue with respect to the claim, regardless of any objec- contesting the denial of a claim that has been denied due tion to the claim on the part of the employer.
The depart- to a report by an employing unit that an employee failed ment may also obtain information from the employee to return to work, failed to accept suitable work, or was concerning the employee’s eligibility, employment or unavailable for work or unable to perform work.
wages.
108.22 (8) (a) of the statutes is amended to read:
108.22 (8) (a) of the statutes is amended SECTION 12.
108.22 (8) (a) If benefits are erroneously paid to an individual, the individual's liability to reimburse the fund for the overpayment may shall be set forth in a determination or decision issued under s.
108.14 (19) of the statutes is renum- to read:
bered 108.14 (19) (intro.) and amended to read:
108.22 (8) (a) If benefits are erroneously paid to an 108.14(19) (intro.) No later than March 15 annually, individual, the individual’s liability to reimburse the fund the department shall prepare and furnish to the council on for the overpayment may shall be set forth in a determina- unemployment insurance and to the chief clerk of each tion or decision issued under s.
Any determination which that establishes or increases an overpayment shall include a finding concerning whether waiver of benefit recovery is required under par.
Any determina- house of the legislature, for distribution to the appropri- tion which that establishes or increases an overpayment ate standing committees under s.
13.172 (3), a report shall include a finding concerning whether waiver of summarizing the department’s activities related to detec- benefit recovery is required under par.
If any decision of an appeal tribunal, the commission or any court establishes or increases an overpayment and the decision does not include a finding concerning whether waiver of benefit recovery - 2022 Legislature - 10 - LRB-3005/1 MED:emw ASSEMBLY BILL 939 S ECTION 16 is required under par.
If any decision tion and prosecution of unemployment insurance fraud in of an appeal tribunal, the commission or any court estab- the preceding year.
(c), the tribunal, commission or court shall remand the issue to the department for a determination.
The department shall include all of lishes or increases an overpayment and the decision does the following in the report information:
S ECTION 17.Initial applicability.
not include a finding concerning whether waiver of bene- Wisconsin Act − 4 − 2021 Assembly Bill 939 fit recovery is required under par.
(c), the tribunal, com- of unemployment beginning on the effective date of this mission or court shall remand the issue to the department subsection.
for a determination.
SECTION 18.Effective dates.
This act takes effect on SECTION 17.0Initial applicability.
the Sunday after publication, except as follows:
108.04 (2) (ae) and the creation of s.
108.04 (2) (ae) and the cre- (1) The treatment of s.
108.14 (28) takes effect on the ation of s.
and (hL) first apply to weeks of unemployment beginning on the effective date of this subsection.
and (hL) first apply to weeks first Sunday after the 180th day after publication.
S ECTION 18.0Effective dates.
This act takes effect on the Sunday after publication, except as follows:
(1) The treatment of s.
108.14 (28) takes effect on the first Sunday after the 180th day after publication.
(END)
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the Wisconsin unemployment insurance laws to require employers to provide certain reports regarding claimants' job search activities and makes changes to eligibility determinations based on these reports.

  • 108.04 (1)

    An employing unit may report to the department whenever any of the following occurs: a. An individual declines a job interview or job offer with the employing unit. b. An individual fails to respond to a job interview offer or job offer made by the employing unit. c. An individual fails to attend a scheduled job interview with the employing unit, unless the individual attempts to reschedule the job interview. d. An employee claiming benefits is unavailable for, or unable to perform, work actually available within a given week as described in par. (a). e. The employing unit recalls an employee who fails to return to work as described in sub. (8) (c).

    Employers are empowered to report various job-seeking failures of claimants to the Department of Workforce Development (DWD), affecting eligibility determination.

  • 108.04 (2) (ae)

    108.04 (2) (ae) → 108.04 (2) (ae) 1. In determining whether a claimant is available for work under par. (a) 1. and has maintained an attachment to the labor market, the department shall consider reports made by employing units under sub. (1) (hg).

    The DWD must consider employer reports regarding claimants when assessing their availability for work.

  • 108.04 (2) (bm)

    the department may shall act to recover the overpayment under s. 108.22. → the department shall act to recover the overpayment under s. 108.22.

    The DWD is required to recover overpayments to claimants under certain circumstances, rather than having discretion.

  • 108.04 (2) (hL)

    If a claimant is subject to the requirement under par. (a) 3. to conduct a reasonable search for suitable work for a given week and the department received one or more credible reports in that week that the claimant declined or failed to respond to a job interview offer or failed to attend a scheduled job interview, the claimant shall not be considered to have conducted a reasonable search for suitable work in that week under par. (a) 3.

    Claimants may be deemed ineligible for benefits if there are credible reports of their job search failures.

  • 108.04 (11) (cm)

    Such person → Such person shall, by a determination or decision issued under s. 108.095, be required to repay the amount of the benefits obtained and be assessed an administrative assessment in an additional amount equal to the amount of benefits obtained.

    Individuals making false claims to obtain benefits in another person's name face automatic repayment and assessment of additional penalties.

  • 108.04 (13) (c)

    objection response to the claim → response to the claim

    The language clarifies and simplifies the requirements for what employers must do after being notified of a benefit claim.

Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-15-2022

  4. Presented to the Governor on 4-13-2022

  5. Report correctly enrolled on 2-28-2022

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 21, Noes 12

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  14. Available for scheduling

  15. Read first time and referred to committee on Senate Organization

  16. Received from Assembly

  17. Ordered immediately messaged

  18. Read a third time and passed, Ayes 58, Noes 34, Paired 4

  19. Rules suspended

  20. Ordered to a third reading

  21. Read a second time

  22. Placed on calendar 2-17-2022 by Committee on Rules

  23. Referred to committee on Rules

  24. Report passage recommended by Committee on Workforce Development, Ayes 8, Noes 4

  25. Executive action taken

  26. Fiscal estimate received

  27. Public hearing held

  28. Representative Murphy added as a coauthor

  29. Read first time and referred to Committee on Workforce Development

  30. 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

Sponsors

Sponsorship breakdown

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34 sponsors · 0 co-sponsors · 98 not signed on · 27 voted No

Sponsors (34)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 21 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Democrat 0800
Republican 13000
Total 211200
% of votes cast 64%36%0%0%
How each member voted (33)
Member Party Vote
ERPENBACH — Nay
RINGHAND — Nay
BALLWEG — Yea
PETROWSKI — Yea
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
AGARD — Nay
BEWLEY — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 58 Yea · 34 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231500
Republican 35100
Democrat 01800
Total 583400
% of votes cast 63%37%0%0%
How each member voted (92)
Member Party Vote
SPEAKER — Yea
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Yea
CABRAL-GUEVA — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors AB 939?
AB 939 is sponsored by Born, Mark (Republican), Zimmerman, Shannon (Republican), Wichgers, Chuck (Republican), Vorpagel, Tusler, Ron (Republican), Tittl, Paul (Republican), Steffen, David (Republican), Sortwell, Shae (Republican), Snyder, Patrick (Republican), Schraa, Petryk, Petersen, Kevin (Republican), Magnafici, Macco, Loudenbeck, Kurtz, Tony (Republican), Kuglitsch, Krug, Scott (Republican), Knodl, Daniel (Republican), Kitchens, Joel (Republican), Katsma, James, Jesse (Republican), Edming, Duchow, Cindi (Republican), Dittrich, Barbara (Republican), Dallman, Alex (Republican), Callahan, Calvin (Republican), Cabral-Guevara, Rachael (Republican), Brandtjen, August, Tyler (Republican), Armstrong, David (Republican), Penterman, William (Republican), Moses, Clint (Republican), and Plumer.
What is the current status of AB 939?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 939?
Track AB 939 free on One Click Politics — get push/email alerts when it moves.

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