Wisconsin 2021-2022 Regular Session Status: To Executive 12 R cosponsors

AB 883 — Relating to: various changes to the unemployment insurance law, a grant program for hiring qualified long-term unemployment recipients, allocation of federal American Rescue Plan Act of 2021 funding for certain purposes, the state plan under the federal Workforce Innovation and Opportunity Act of 2014, federal Reemployment Services and Eligibility Assessment grants, employment outcome data reporting, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

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

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  1. ✓
    Introduced
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    In Committee
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    Passed Assembly
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    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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

422 added · 767 removed

Plain-language change summary

The revised version of Bill AB 883 includes several updates primarily focused on Wisconsin's unemployment insurance laws and related programs. Key changes involve the establishment of a new division within the Department of Workforce Development aimed at helping individuals who have been unemployed for an extended period find jobs. It also creates a grant program to incentivize hiring these long-term unemployed individuals and allocates funds from the federal American Rescue Plan to support these efforts. These updates are significant because they aim to improve employment opportunities for those struggling to re-enter the workforce.

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- 2022 LEGISLATURE LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 January 21, 2022 - Introduced by Representatives P ETRYK, PENTERMAN , ARMSTRONG , B ORN, DITTRICH, D UCHOW, EDMING , K NODL, KUGLITSCH, LOUDENBECK , MOSES, MURSAU , ETERSEN, THIESFELD, TITTL, WICHGERSand W ITTK, cosponsored by Senators R OTH, BALLWEG , BERNIER and F EYEN.
Date of enactment:
Referred to Committee on Labor and Integrated Employment.
Assembly Bill 883 Date of publication*:
A N A CT to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2., 108.05 (3) (a) and 108.13 (4) (a) 4.;
WISCONSIN ACT A N A CT to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2., 108.05 (3) (a) and 108.13 (4) (a) 4.;
to consolidate, renumber and amend 108.04 (15) (a) (intro.) and 1.;
to consoli- date, renumber and amend 108.04 (15) (a) (intro.) and 1.;to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd), 40.02 (22) (b) 3., 40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3.
to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd), 40.02 (22) (b) 3., 40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3.
to repeal and recreate chapter 108 (title);
to repeal and recreate chapter (title);
b., 108.04 (15) (am), (an) and (ao), 108.05 (3) (a) 3., 108.14 (8o) and 108.14 (30) of the statutes;
b., 108.04 (15) (am), (an) and (ao), 108.05 (3) (a) 3., 108.14 (8o) and 108.14 (30) of the statutes;relating to:
relating to:
various changes to the unemployment insurance law, a grant program for hiring qualified long− term unemployment recipients, allocation of federal American Rescue Plan Act of 2021 funding for certain purposes, the state plan under the federal Workforce Innovation and Opportunity Act of 2014, federal Reemployment Services and Eligibility Assessment grants, employment outcome data reporting, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule−making authority.
various changes to the unemployment insurance law, a grant program for hiring qualified long-term unemployment recipients, allocation of federal American - 2022 Legislature - 2 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 Rescue Plan Act of 2021 funding for certain purposes, the state plan under the federal Workforce Innovation and Opportunity Act of 2014, federal Reemployment Services and Eligibility Assessment grants, employment outcome data reporting, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.
The people of the state of Wisconsin, represented in Notwithstanding s.
Analysis by the Legislative Reference Bureau U NEMPLOYMENT INSURANCE This bill makes various changes in the unemployment insurance (UI) law, which is administered by the Department of Workforce Development.
20.001 (3) (b), the unencumbered senate and assembly, do enact as follows:
Significant changes include all of the following:
balance on June 30 of each odd−numbered year shall be SECTION 1.
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.
15.223 (2) of the statutes is created to transferred to the unemployment reemployment assist- read:
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.
ance program integrity fund.
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.
S ECTION 3.
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.
20.445 (1) (gd) of the statutes is amended 15.223 (2) D IVISION OF REEMPLOYMENT ASSISTANCE.
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.
to read:
This bill does the following:
There is created in the department of workforce develop- ment a division of reemployment assistance.
1.
20.445 (1) (gd) Unemployment Reemployment SECTION 2.
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.
20.445 (1) (aL) of the statutes is amended assistance;
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 LRB-4768/1 - 2022 Legislature - 3 - MED&EAW:cjs ASSEMBLY BILL 883 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.
This 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.
This 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.
This bill requires that DWD act to continue to participate in the RESEA program and provide RESEA services to all UI claimants likely to exhaust regular UI benefits.
The bill further requires DWD, until December 31, 2024, to provide certain RESEA services to all UI claimants and requires the governor to allocate moneys available under the federal American Rescue Plan Act of 2021 to provide these services.
- 2022 Legislature - 4 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 Wage threshold for receipt of benefits Under current law, if a claimant for UI earns more than $30 in a given week, the partial benefits formula reduces the claimant's weekly UI benefit payment by a certain percentage of the wages earned over $30.
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Under current law, if a claimant receives wages totaling more than $500 in a given week, the claimant is generally ineligible to receive any benefits.
This bill changes the partial benefits formula so that the UI benefit payment is not reduced unless a claimant earns more than $30 or 40 percent of the claimant's weekly benefit rate in a given week, whichever amount is greater.
However, the bill does not affect the $500 cap on wages for receipt of benefits.
O THER CHANGES Grant program for hiring long-term unemployment recipients The bill directs the governor to allocate sufficient moneys of the moneys received from the federal government under the American Rescue Plan Act of 2021 for costs associated with a grant program to provide payments to employers that hire qualified long-term unemployment benefit recipients who became unemployed due to the COVID-19 pandemic.
Under the program, an employer may receive up to two payments of up to $1,000 each for each qualified long-term unemployment recipient the employer hires as compensation for wages, training, benefits, and other employment costs incurred by the employer.
WIOA State Plan Under the federal Workforce Innovation and Opportunity Act of 2014 (WIOA), federal funds are allocated to the state and, in turn, to local workforce development areas designated by the governor to provide employment and training activities for job seekers and workers.
The WIOA repealed a prior law known as the federal Workforce Investment Act of 1998, which contained many similar provisions.
To receive funding under the WIOA, the state must undertake a number of activities, including submitting a state plan to the federal government.
A plan must outline a four-year strategy for the state's workforce development system.
This bill requires the combined state plan submitted by the state to include programs authorized under state unemployment compensation laws, which is one of the 11 specific federal programs listed in the WIOA that states may include in their plans to assist in workforce development.
The bill also updates references to the United States Code regarding the WIOA.
Data reporting The bill requires DWD, using quarterly wage data filed by employers with DWD, to semiannually compile data and prepare a report to provide information on and analysis of the employment outcomes of claimants after receiving UI benefits.
Each claimant's wage data must be used for 12 quarters following the claimant's first of benefits.
LRB-4768/1 - 2022 Legislature - 5 - MED&EAW:cjs ASSEMBLY BILL 883 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.
15.223 (2) of the statutes is created to read:
15.223 (2) D IVISION OF REEMPLOYMENT ASSISTANCE.There is created in the department of workforce development a division of reemployment assistance.
SECTION 2.
20.445 (1) (aL) of the statutes is amended to read:
20.445 (1) (aL) Unemployment insurance Reemployment assistance administration;
controlled substances testing and substance abuse treatment.
Biennially, the amounts in the schedule for conducting screenings of applicants, testing applicants for controlled substances, the provision of substance abuse treatment to applicants and claimants, and related expenses under s.
108.133.
Notwithstanding s.
20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall be transferred to the unemployment reemployment assistance program integrity fund.
SECTION 3.
20.445 (1) (gd) of the statutes is amended to read:
20.445 (1) (gd) UnemploymentReemployment assistance;
All moneys received as interest and penalties collected under ss.
All moneys to read:
108.04 (11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under s.
received as interest and penalties collected under ss.
108.19 (1q), and forfeitures under s.
20.445(1) (aL) Unemployment insurance Reemploy- 108.04 (11) (c) and (cm) and (13) (c) and 108.22 except ment assistance administration;
103.05 (5), all moneys not appropriated under par.
controlled substances interest and penalties deposited under s.
(gg) and all moneys transferred to this appropriation account from the appropriation account under par.
108.19 (1q), and testing and substance abuse treatment.
Biennially, the forfeitures under s.
103.05 (5), all moneys not appropri- ated under par.
(gg) and all moneys transferred to this amounts in the schedule for conducting screenings of applicants, testing applicants for controlled substances, appropriation account from the appropriation account the provision of substance abuse treatment to applicants under par.
108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s.
and claimants, and related expenses under s.
108.17 (3m), for research relating to the condition of the - 2022 Legislature - 6 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 3 unemployment reserve fund under s.
108.133.
108.14 (6), for administration of the unemployment insurance reemployment assistance program and federal or state unemployment insurance reemployment assistance programs authorized by the governor under s.
108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) * Section 991.11ISCONSINSTATUTE:
16.54, for satisfaction of any federal audit exception concerning a payment from the unemployment reserve fund or any federal aid disallowance concerning the unemployment insurance reemployment assistance program, for assistance to the department of justice in the enforcement of ch.
Effective date of acts.
108, for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s.
“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 883 (c), for the payment of interest to employers under s.
108.20.
49.163 (3) (a) 3.
c.
State reemployment assistance 108.17 (3m), for research relating to the condition of the contributions and federal unemployment insurance con- unemployment reserve fund under s.
108.14 (6), for tributions or taxes, if any.
administration of the unemployment insurance reem- SECTION 9.
71.67 (7) (title) of the statutes is amended ployment assistance program and federal or state unem- to read:
ployment insurance reemployment assistance programs 71.67(7) (title) WITHHOLDING FROM UNEMPLOYMENT authorized by the governor under s.
16.54, for satisfac- COMPENSATION INSURANCE REEMPLOYMENT ASSISTANCE.
tion of any federal audit exception concerning a payment SECTION 10.
105.01 (1) (b) 1.
of the statutes is from the unemployment reserve fund or any federal aid amended to read:
disallowance concerning the unemployment insurance 105.01(1) (b) 1.
The person employing the individu- reemployment assistance program, for assistance to the als in addition to wages or salaries pays federal social department of justice in the enforcement of ch.
108, for security taxes, state reemployment assistance contribu- the payment of interest due on advances from the federal tions, and federal unemployment contributions or taxes, unemployment account under title XII of the social secu- carries worker’s compensation insurance as required by rity act to the unemployment reserve fund, and for pay- state law,and maintains liability insurance covering the ments made to the unemployment reserve fund to obtain acts of its employees while rendering services to, for or a lower interest rate or deferral of interest payments on under the direction of a 3rd person;
and these advances, except as otherwise provided in s.
SECTION 11.
105.115 (2) (b) of the statutes is 108.20.
amended to read:
20.445 (1) (nd) of the statutes is amended to read:
20.445 (1) (nd) of the statutes is amended 105.115(2) (b) A statement of the employment status to read:
20.445 (1) (nd) Unemployment Reemployment assistance administration;
of the home care worker, specifically, whether the home 20.445 (1) (nd) Unemployment Reemployment care worker is an employee of the home care placement assistance administration;
apprenticeship and other employment services.
apprenticeship and other agency or of the home care consumer or is an independent employment services.
From the moneys received from the federal government under section 903 (d) of the federal Social Security Act, as amended, the amounts in the schedule, as authorized by the governor under s.
From the moneys received from contractor and a statement identifying which party is the federal government under section 903 (d) of the fed- responsible for paying the wages or salary of the home eral Social Security Act, as amended, the amounts in the care worker, paying federal social security taxes and state schedule, as authorized by the governor under s.
16.54, to be used for administration by the department of apprenticeship programs under subch.
16.54, reemployment assistance contributions and federal to be used for administration by the department of unemployment contributions or taxes with respect to the apprenticeship programs under subch.
I of ch.
I ofch.106andfor home care worker, and procuring worker’s compensation administration and service delivery of employment and or liability insurance covering injury to the home care workforce information services, including the delivery worker.
106 and for administration and service delivery of employment and workforce information services, including the delivery of reemployment assistance services to unemployment insurance reemployment assistance claimants.
of reemployment assistance services to unemployment SECTION 12.
All moneys transferred from par.
105.115 (2) (c) of the statutes is insurance reemployment assistance claimants.
(n) for this purpose shall be credited to this appropriation account.
All mon- amended to read:
No moneys may be expended from this appropriation unless the treasurer of the unemployment reserve fund determines that such expenditure is currently needed for the purposes specified in this paragraph.
eys transferred from par.
SECTION 5.
(n) for this purpose shall be 105.115(2) (c) A statement that, notwithstanding the credited to this appropriation account.
No moneys may employment status of the home care worker specified in be expended from this appropriation unless the treasurer the notice, the home care consumer may be determined of the unemployment reserve fund determines that such to be the employer of the home care worker for purposes expenditure is currently needed for the purposes speci- of certain state and federal labor laws and that, if that is fied in this paragraph.
the case, the home care consumer may be held responsi- SECTION 5.
of the statutes is amended to read:
of the statutes is ble for paying the wages or salary of the home care amended to read:
LRB-4768/1 - 2022 Legislature - 7 - MED&EAW:cjs SECTION 5 ASSEMBLY BILL 883 40.02 (22) (b) 3.
worker, paying federal social security taxes and state 40.02 (22) (b) 3.
Unemployment insurance or reemployment assistance benefits.
Unemployment insurance or reem- reemployment assistance contributions and federal ployment assistance benefits.
SECTION 6.
unemployment contributions or taxes with respect to the SECTION 6.
of the statutes is amended to read:
of the statutes is amended home care worker, procuring worker’s compensation or to read:
40.65 (5) (b) 2.
liability insurance covering injury to the home care 40.65 (5) (b) 2.
Any unemployment insurance or reemployment assistance benefit payable to the participant because of his or her work record.
Any unemployment insurance or worker, and complying with various other state and fed- reemployment assistance benefit payable to the partici- eral labor laws.
SECTION 7.
pant because of his or her work record.
SECTION 13.
105.115 (3) (a) 1.
of the statutes is SECTION 7.
49.147 (3) (ac) 2.
amended to read:
State and federal unemployment reemployment assistance contributions or federal unemployment taxes.
105.115 (3) (a) 1.
SECTION 8.
A statement identifying which 49.147 (3) (ac) 2.
State and federal unemployment party is responsible for paying the wages or salary of the reemployment assistance contributions or federal unem- home care worker, paying federal social security taxes ployment taxes.
and state reemployment assistance contributions andfed- SECTION 8.
of the statutes is amended to read:
of the statutes is eral unemployment contributions or taxes with respect to amended to read:
49.163 (3) (a) 3.
the home care worker, and procuring worker’s compen- Assembly Bill 883 − 3 − 2021 Wisconsin Act sation or liability insurance covering injury to the home board anticipates that there may be a business closing or care worker.
c.
mass layoff under s.
State reemployment assistance contributions and federal unemployment insurance contributions oraxes, if any.
109.07 in the area served by that SECTION 14.
SECTION 9.
71.67 (7) (title) of the statutes is amended to read:
71.67 (7) (title)ITHHOLDING FROM UNEMPLOYMENT COMPENSATION INSURANCE REEMPLOYMENT ASSISTANCE.
SECTION 10.
105.01 (1) (b) 1.
of the statutes is amended to read:
105.01 (1) (b) 1.
The person employing the individuals in addition to wages or salaries pays federal social security taxes, state reemployment assistance contributions, and federal unemployment contributions or taxes, carries worker's compensation insurance as required by state law, and maintains liability insurance covering the acts of its employees while rendering services to, for or under the direction of a 3rd person;
and SECTION 11.
105.115 (2) (b) of the statutes is amended to read:
105.115 (2) (b) A statement of the employment status of the home care worker, specifically, whether the home care worker is an employee of the home care placement agency or of the home care consumer or is an independent contractor and - 2022 Legislature - 8 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 11 a statement identifying which party is responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributions and federal unemployment contributions or taxes with respect to the home care worker, and procuring worker's compensation or liability insurance covering injury to the home care worker.
SECTION 12.
105.115 (2) (c) of the statutes is amended to read:
105.115(2) (c) A statement that, notwithstanding the employment status of the home care worker specified in the notice, the home care consumer may be determined to be the employer of the home care worker for purposes of certain state and federal labor laws and that, if that is the case, the home care consumer may be held responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributionsderal unemployment contributions or taxes with respect to the home care worker, procuring worker's compensation or liability insurance covering injury to the home care worker, and complying with various other state and federal labor laws.
SECTION 13.
105.115 (3) (a) 1.
of the statutes is amended to read:
105.115(3) (a) 1.
A statement identifying which party is responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributions and federal unemployment contributions or taxes with respect to the home care worker, and procuring worker's compensation or liability insurance covering injury to the home care worker.
SECTION 14.
of the statutes is amended to read:
of the statutes is board, the board may prepare a list of resources available amended to read:
105.115 (4) (b) 1.
in that area that provide career planning, job search, job 105.115(4) (b) 1.
If the department finds that a home care placement agency has failed to provide a home care consumer with the notice required under sub.
If the department finds that a home skills training, and other support services for affected care placement agency has failed to provide a home care employees, as defined in s.
(2) and that the home care consumer is liable for the payment of federal social security LRB-4768/1 - 2022 Legislature - 9 - MED&EAW:cjs SECTION 14 ASSEMBLY BILL 883 taxes or state reemployment assistance contributionsr federal unemployment contributions otaxes with respect to the home care worker, for the provision of worker's compensation or liability insurance covering injury to the home care worker, for the payment of any fine or penalty imposed on the home care consumer for noncompliance with any state or federal labor law with respect to the home care worker, or for any injury to the home care worker, the department may recover from the home care placement agency, on behalf of the home care consumer, an amount equal to the total cost of those liabilities.
109.07 (1) (a), including con- consumer with the notice required under sub.
S ECTION 15.
(2) and that tact information for those resources, for distribution to the home care consumer is liable for the payment of fed- those employees under s.
105.115 (4) (b) 3.
of the statutes is amended to read:
105.115(4) (b) 3.
In the case of a home care consumer who commences an action in circuit court under par.
(a), if the circuit court finds that the home care placement agency has failed to provide the home care consumer with the notice required under sub.
(2) and that the home care consumer is liable for the payment of federal social security taxes or state reemployment assistance contributions or federal unemployment contributions or taxes with respect to the home care worker, for the provision of worker's compensation or liability insurance covering injury to the home care worker, for the payment of any fine or penalty imposed on the home care consumer for noncompliance with any state or federal labor law with respect to the home care worker, or for any injury to the home care worker, the court may order the home care placement agency to pay to the home care consumer an amount equal to the total cost of those liabilities, together with costs under ch.
814 and, notwithstanding s.
814.04 (1), reasonable attorney fees.
S ECTION 16.
106.11 of the statutes is amended to read:
106.11 Workforce investment programs.
The department shall cooperate with the federal government in carrying out the purposes of the federal Workforce - 2022 Legislature - 10 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 16 Investment Act of 1998, 29 USC 2801 to 2945nnovation and Opportunity Act of 2014, 29 USC 3101 to 3361.
In administering the programs authorized by that act the department shall, in cooperation with other state agencies, with the council on workforce investment established under 29 USC 3111, and with local workforce development boards established under 29 USC 2832 3122, establish a statewide workforce investment system to meet the employment, training, and educational needs of persons in this state.
If a local workforce development board anticipates that there may be a business closing or mass layoff under s.
109.07 in the area served by that board, the board may prepare a list of resources available in that area that provide career planning, job search, job skills training, and other support services for affected employees, as defined in s.
109.07 (1) (a), including contact information for those resources, for distribution to those employees under s.
SECTION 17.
eral social security taxes or state reemployment assist- S ECTION 17.
106.113 Workforce innovation plan.
ance contributions or federal unemployment contribu- 106.113 Workforce innovation plan.
The department shall submit a combined state plan under 29 USC 3113 that includes the programs listed under 29 USC 3113 (a) (2) (G).
The depart- tions or taxes with respect to the home care worker, for ment shall submit a combined state plan under 29 USC the provision of worker’s compensation or liability insur- 3113 that includes the programs listed under 29 USC ance covering injury to the home care worker, for the pay- 3113 (a) (2) (G).
SECTION 18.
ment of any fine or penalty imposed on the home care S ECTION 18.
106.13 (2) of the statutes is amended to read:
106.13 (2) of the statutes is amended to consumer for noncompliance with any state or federal read:
106.13 (2) The council on workforce investment established under 29 USC 2821 3111, the technical college system board, and the department of public instruction shall assist the department in providing the youth apprenticeship program under sub.
labor law with respect to the home care worker, or for any 106.13 (2) The council on workforce investment injury to the home care worker, the department may established under 29 USC 2821 3111, the technical col- recover from the home care placement agency, on behalf lege system board, and the department of public instruc- of the home care consumer, an amount equal to the total tion shall assist the department in providing the youth cost of those liabilities.
apprenticeship program under sub.
SECTION 19.
SECTION 15.
105.115 (4) (b) 3.
of the statutes is S ECTION 19.
106.28 Grant program for employers who hire long-term unemployed.
amended to read:
106.28 Grant program for employers who hire 105.115 (4) (b) 3.
In the case of a home care con- long−term unemployed.
LRB-4768/1 - 2022 Legislature - 11 - MED&EAW:cjs SECTION 19 ASSEMBLY BILL 883 (a) “Period of qualifying employment” means employment at 30 or more hours per week for 8 weeks, each of which begins on or after September 5, 2021, and ends on or before December 28, 2024.
sumer who commences an action in circuit court under (a) “Period of qualifying employment” means par.
(b) “Qualifying employee” means an employee who satisfies all of the following:
(a), if the circuit court finds that the home care place- employment at 30 or more hours per week for 8 weeks, ment agency has failed to provide the home care con- each of which begins on or after September 5, 2021, and sumer with the notice required under sub.
1.
(2) and that the ends on or before December 28, 2024.
The individual was a qualified long-term unemployment recipient, as defined in 26 USC 51 (d) (15).
home care consumer is liable for the payment of federal (b) “Qualifying employee” means an employee who social security taxes or state reemployment assistance satisfies all of the following:
contributions or federal unemployment contributions or 1.
The individual was a qualified long−term unem- taxes with respect to the home care worker, for the provi- ployment recipient, as defined in 26 USC 51 (d) (15).
sion of worker’s compensation or liability insurance cov- 2.
The individual became unemployed due to the ering injury to the home care worker, for the payment of COVID−19 pandemic, as determined by the department.
any fine or penalty imposed on the home care consumer (2) The department shall develop and administer a for noncompliance with any state or federal labor law grant program to provide payments to employing units in with respect to the home care worker, or for any injury to this state for hiring qualifying employees, to compensate the home care worker, the court may order the home care those employing units for wages, training, benefits, and placement agency to pay to the home care consumer an other employment costs, subject to all of the following:
amount equal to the total cost of those liabilities, together (a) 1.
An employing unit shall be entitled to a first with costs under ch.
814 and, notwithstanding s.
814.04 payment under this section for one period of qualifying (1), reasonable attorney fees.
employment by the employing unit of a qualifying SECTION 16.
106.11 of the statutes is amended to employee.
read:
The individual became unemployed due to the COVID-19 pandemic, as determined by the department.
An employing unit shall be entitled to a 2nd pay- 106.11 Workforce investment programs.
(2) The department shall develop and administer a grant program to provide payments to employing units in this state for hiring qualifying employees, to compensate those employing units for wages, training, benefits, and other employment costs, subject to all of the following:
The ment under this section for 2 nonoverlapping periods of department shall cooperate with the federal government qualifying employment by the employing unit of a quali- in carrying out the purposes of the federal Workforce fying employee.
Investment Act of 1998, 29 USC 2801 to 2945 Innova- (b) In order to receive a payment under par.
An employing unit shall be entitled to a first payment under this section for one period of qualifying employment by the employing unit of a qualifying employee.
or tion and Opportunity Act of 2014, 29 USC 3101 to 3361.
2.
2., an employing unit shall submit documentation of the In administering the programs authorized by that act the employment of the employee, as required by the depart- department shall, in cooperation with other state agen- ment by rule.
An employing unit shall be entitled to a 2nd payment under this section for 2 nonoverlapping periods of qualifying employment by the employing unit of a qualifying employee.
cies, with the council on workforce investment estab- (c) Each payment under par.
(b) In order to receive a payment under par.
or 2., an employing unit shall submit documentation of the employment of the employee, as required by the department by rule.
(c) Each payment under par.
(a) 1.
shall be limited to $1,000.
shall be lim- lished under 29 USC 3111, and with local workforce ited to $1,000.
(d) An employing unit may receive no more than 2 payments under par.
development boards established under 29 USC 2832 (d) An employing unit may receive no more than 2 3122, establish a statewide workforce investment system payments under par.
- 2022 Legislature - 12 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 19 (e) There is no limit to the number of qualifying employees for which an employing unit may receive payments under this subsection, except that no more than one employing unit may receive payments for employing a given qualifying employee.
to meet the employment, training, and educational needs (e) There is no limit to the number of qualifying of persons in this state.
(3) Of the moneys the governor accepts from the federal government under s.
If a local workforce development employees for which an employing unit may receive pay- Wisconsin Act − 4 − 2021 Assembly Bill 883 ments under this subsection, except that no more than one verification of that search to the department.
16.54 pursuant to section 602 of the federal Social Security Act as amended by the federal American Rescue Plan Act of 2021, P.L.
The search employing unit may receive payments for employing a for suitable work must include at least 4 actions per week given qualifying employee.
117-2, the governor shall allocate sufficient moneys for costs associated with the grant program under this section.
that constitute a reasonable search as prescribed by rule (3) Of the moneys the governor accepts from the fed- of the department.
(4) The department may use the procedure under s.
The department shall require, for the eral government under s.
227.24 to promulgate rules for the grant program under this section.
16.54 pursuant to section 602 of 3rd or subsequent week of the claimant’s benefit year, the federal Social Security Act as amended by the federal that at least 2 actions per week be direct contacts with American Rescue Plan Act of 2021, P.L.
117−2, the gov- potential employing units, as prescribed by rule of the ernor shall allocate sufficient moneys for costs associated department.
In addition, the department may, by rule, with the grant program under this section.
require a claimant to take more than 4 reasonable work (4) The department may use the procedure under s.
search actions in any week.
The department shall require 227.24 to promulgate rules for the grant program under a uniform number of reasonable work search actions for this section.
227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
227.24 (1) (a) and (3), similar types of claimants.
Notwithstanding s.
The department may require the department is not required to provide evidence that a claimant to apply for one or more of the potential oppor- promulgating a rule under this subsection as an emer- tunities provided to the claimant under sub.
227.24 (1) (c) and (2), rules under this subsection may remain in effect until December 31, 2024.
SECTION 20.
106.38 (3) (c) 3.
of the statutes is amended to read:
106.38 (3) (c) 3.
State reemployment assistance contributions and federal unemployment insurance contributions oraxes, if any.
SECTION 21.
Chapter 108 (title) of the statutes is repealed and recreated to read:
CHAPTER 108 REEMPLOYMENT ASSISTANCE SECTION 22.
108.01 (2m) of the statutes is created to read:
108.01 (2m) The Social Security Act requires that, in order for an individual to be eligible for reemployment assistance benefits, the individual must be able to LRB-4768/1 - 2022 Legislature - 13 - MED&EAW:cjs S ECTION 22 ASSEMBLY BILL 883 work, available to work, and actively seeking work.
The reemployment assistance program in Wisconsin should enact and focus on policies that complement individuals' efforts to find employment.
SECTION 23.
108.013 of the statutes is created to read:
108.013 Name of program.
The program established under this chapter and administered by the department shall be referred to as the “Reemployment Assistance Program,” and the benefits available under this chapter shall be referred to as “reemployment assistance benefits.” SECTION 24.
108.02 (21r) of the statutes is created to read:
108.02 (21r) REEMPLOYMENT ASSISTANCE.
“Reemployment assistance,” when used in reference to the law of another state or jurisdiction or the federal government, includes an unemployment insurance law of that state or jurisdiction or the federal government.
SECTION 25.
108.04 (2) (a) 3.
of the statutes is amended to read:
108.04 (2) (a) 3.
The claimant conducts a reasonable search for suitable work during that week and provides verification of that search to the department.
The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department.
The department shall require, for the 3rd or subsequent week of the claimant's benefit year, that at least 2 actions per week be direct contacts with potential employing units, as prescribed by rule of the department.
In addition, the department may, by rule, require a claimant to take more than 4 reasonable work search actions in any week.
The department shall require a uniform number of reasonable work search actions for similar types of claimants.
The department may require a claimant to apply for one or more of the potential opportunities provided to the claimant under sub.
- 2022 Legislature - 14 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 25 and may refer a claimant to opportunities with a temporary help company as part of the required search for suitable work under this subdivision.
and gency rule is necessary for the preservation of the public may refer a claimant to opportunities with a temporary peace, health, safety, or welfare and is not required to pro- help company as part of the required search for suitable vide a finding of emergency for a rule promulgated under work under this subdivision.
SECTION 26.
this subsection.
Notwithstanding s.
227.24 (1) (c) and SECTION 26.
of the statutes is renumbered 108.04 (2) (a) 4.
of the statutes is renum- (2), rules under this subsection may remain in effect until bered 108.04 (2) (a) 4.
December 31, 2024.
(intro.) If the claimant is claiming benefits for a week other than an initial week, the claimant provides does all of the following:
(intro.) If the claimant is claiming SECTION 20.
a.
106.38 (3) (c) 3.
Provides information or job application materials that are requested by the department and participates.
of the statutes is benefits for a week other than an initial week, the amended to read:
claimant provides does all of the following:
106.38(3) (c) 3.
State reemployment assistance con- a.
Provides information or job application materials tributions and federal unemployment insurance contri- that are requested by the department and participates .
butions or taxes, if any.
Participates in a public employment office workshop or training program or in similar reemployment services that are required by the department under sub.
Participates in a public employment office work- SECTION 21.
(15) (a) 2.
Chapter 108 (title) of the statutes is shop or training program or in similar reemployment ser- repealed and recreated to read:
SECTION 27.
vices that are required by the department under sub.
(15) CHAPTER 108 (a) 2.
REEMPLOYMENT ASSISTANCE SECTION 27.
of the statutes is created to read:
of the statutes is cre- SECTION 22.
108.01 (2m) of the statutes is created to ated to read:
read:
Submits and keeps posted on the department's job center website a current resume, if the claimant resides in this state.
Submits and keeps posted on the 108.01 (2m) The Social Security Act requires that, department’s job center website a current resume, if the in order for an individual to be eligible for reemployment claimant resides in this state.
SECTION 28.
assistance benefits, the individual must be able to work, SECTION 28.
of the statutes is created to read:
of the statutes is created available to work, and actively seeking work.
108.04 (2) (a) 5.
The reem- to read:
The claimant completes any reemployment counseling session required of the claimant under sub.
ployment assistance program in Wisconsin should enact 108.04 (2) (a) 5.
The claimant completes any reem- and focus on policies that complement individuals’ ployment counseling session required of the claimant efforts to find employment.
under sub.
SECTION 23.
108.013 of the statutes is created to read:
108.04 (12) (b) of the statutes is amended to read:
108.04 (12) (b) of the statutes is 108.013 Name of program.
108.04(12) (b) Any individual who receives, through the department, any other type of unemployment or reemployment assistancbenefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with the federal trade act of 1974 (P.L.
The program estab- amended to read:
93-618).
lished under this chapter and administered by the depart- 108.04 (12) (b) Any individual who receives, ment shall be referred to as the “Reemployment Assist- through the department, any other type of unemployment ance Program,” and the benefits available under this or reemployment assistance benefit or allowance for a chapter shall be referred to as “reemployment assistance given week is ineligible for benefits for that same week benefits.” under this chapter, except as specifically required for SECTION 24.
SECTION 30.
108.02 (21r) of the statutes is created to conformity with the federal trade act of 1974 (P.L.
read:
93−618).
108.02 (21r) R EEMPLOYMENT ASSISTANCE.
“Reem- SECTION 30.
of the statutes are consolidated, renumbered 108.04 (15) (a) 1.
of the ployment assistance,” when used in reference to the law statutes are consolidated, renumbered 108.04 (15) (a) 1.
and amended to read:
of another state or jurisdiction or the federal government, and amended to read:
LRB-4768/1 - 2022 Legislature - 15 - MED&EAW:cjs S ECTION 30 ASSEMBLY BILL 883 108.04 (15) (a) 1.
includes an unemployment insurance law of that state or 108.04 (15) (a) 1.
(b), the department may do any of the following shall, for the purpose of assisting claimants to find or obtain work:
(b), the jurisdiction or the federal government.
department may do any of the following shall, forthepur- SECTION 25.
108.04 (2) (a) 3.
of the statutes is pose of assisting claimants to find or obtain work:
Use, use the information or, materials, and resume provided under sub.
Use amended to read:
use the information or, materials, and resume provided 108.04(2) (a) 3.
The claimant conducts a reasonable under sub.
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.
to assess a claimant’s efforts, skills, search for suitable work during that week and provides and ability to find or obtain work and to develop a list of Assembly Bill 883 − 5 − 2021 Wisconsin Act potential opportunities for a the claimant to obtain suit- 2.
A claimant who otherwise satisfies the requirement under sub.
Of the moneys the governor accepts from the fed- able work.
A claimant who otherwise satisfies the eral government under s.
16.54 pursuant to section 602 of requirement under sub.
is not required to apply for any specific positions on the list in order to satisfy that requirement The department shall provide each claimant, prior to the claimant filing a weekly claim for benefits, with at least 4 such potential opportunities each week, one or more of which may be opportunities with a temporary help company.
is not required to apply the federal Social Security Act as amended by the federal for any specific positions on the list in order to satisfy thatAmerican Rescue Plan Act of 2021, P.L.
SECTION 31.
117−2, the gov- requirement The department shall provide each claimant, ernor shall allocate sufficient moneys so that, when such prior to the claimant filing a weekly claim for benefits, moneys are combined with grant moneys received and with at least 4 such potential opportunities each week, allocated under 42 USC 506, sufficient moneys are allo- one or more of which may be opportunities with a tempo- cated to provide the services required under subd.
1.
rary help company.
3.
This paragraph does not apply after December 31, SECTION 31.
of the statutes is renumbered 108.04 (15) (a) 2.
of the statutes is 2024.
renumbered 108.04 (15) (a) 2.
108.04(15) (a) 2.
(ao) Except as provided in par.
(b), the department 108.04 (15) (a) 2.
Require Except as provided in par.
Require Except as provided in shall, when a claimant’s remaining benefit entitlement par.
(b), the department shall require a claimant whom the department identifies as likely to exhaust regular benefits to participate in a public employment office workshop or training program or in similar reemployment services that do not charge the claimant a participation fee and that offer instruction to improve the claimant's ability to obtain suitable work.
(b), the department shall require a claimant whom the under s.
SECTION 32.
108.06 (1) is 3 or less times the claimant’s department identifies as likely to exhaust regular benefits weekly benefit rate under s.
108.04 (15) (a) 2.
108.05 (1), do all of the fol- to participate in a public employment office workshop or lowing:
training program or in similar reemployment services 1.
Require the claimant to participate in a live, one− that donotcharge the claimant a participation fee and that on−one reemployment counseling session between the offer instruction to improve the claimant’s ability to claimant and an employee of the department.
obtain suitable work.
2.
Provide the claimant information about services SECTION 32.
108.04 (15)(a)2.b.ofthestatutesiscre- and benefits that are available to the claimant pursuant to ated to read:
the federal Workforce Innovation and Opportunity Act of 108.04 (15) (a) 2.
of the statutes is created to read:
108.04 (15) (a) 2.
b.
(b), in addition to the claimants described in subd.
(b), 2014, 29 USC 3101 to 3361, once the claimant exhausts in addition to the claimants described in subd.
a., the department may require other claimants to participate in the reemployment services described in subd.
a., the his or her benefit entitlement.
department may require other claimants to participate in S ECTION 34.
108.05 (3) (a) of the statutes is renum- the reemployment services described in subd.
a., but the department shall prioritize claimants who are more likely to have difficulty obtaining reemployment.
a., but bered 108.05 (3) (a) 2.
SECTION 33.
108.04 (15) (am), (an) and (ao) of the statutes are created to read:
- 2022 Legislature - 16 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 S ECTION 33 108.04 (15) (am) In carrying out this state's program of reemployment services and eligibility assessments using grant funds awarded under 42 USC 506, the department shall, except as provided in par.
(b), provide reemployment services to all claimants identified by the department as likely to exhaust regular benefits, including by requiring the claimant to complete an online assessment aimed at identifying the claimant's skills, abilities, and career aptitude.
(an) 1.
Notwithstanding par.
(am), in carrying out this state's program of reemployment services and eligibility assessments using grant funds awarded under 42 USC 506, the department shall, except as provided in par.
(b), provide reemployment services to all claimants receiving benefits, including benefits under ss.
108.141 and 108.142, including by doing all of the following for each such claimant:
a.
Requiring the claimant to complete an online assessment aimed at identifying the claimant's skills, abilities, and career aptitude.
b.
Coordinating with the claimant to develop an individualized employment plan for the claimant.
c.
Requiring the claimant to participate in the services described under par.
(a) 2.
a.
as needed pursuant to the individualized employment plan described in subd.
1.
b.
2.
Of the moneys the governor accepts from the federal government under s.
16.54 pursuant to section 602 of the federal Social Security Act as amended by the federal American Rescue Plan Act of 2021, P.L.
117-2, the governor shall allocate sufficient moneys so that, when such moneys are combined with grant moneys received and allocated under 42 USC 506, sufficient moneys are allocated to provide the services required under subd.
1.
LRB-4768/1 - 2022 Legislature - 17 - MED&EAW:cjs SECTION 33 ASSEMBLY BILL 883 3.
This paragraph does not apply after December 31, 2024.
(ao) Except as provided in par.
(b), the department shall, when a claimant's remaining benefit entitlement under s.
108.06 (1) is 3 or less times the claimant's weekly benefit rate under s.
108.05 (1), do all of the following:
1.
Require the claimant to participate in a live, one-on-one reemployment counseling session between the claimant and an employee of the department.
2.
Provide the claimant information about services and benefits that are available to the claimant pursuant to the federal Workforce Innovation and Opportunity Act of 2014, 29 USC 3101 to 3361, once the claimant exhausts his or her benefit entitlement.
S ECTION 34.
108.05 (3) (a) of the statutes is renumbered 108.05 (3) (a) 2.
108.05 (3) (a) 2.
the department shall prioritize claimants who are more 108.05 (3) (a) 2.
(c), (d) and (dm) and s.
(c), (d) likely to have difficulty obtaining reemployment.
108.062, if an eligible employee earns wages in a given week, the first $30 of theto the amount specified in subd.
and (dm) and s.
108.062, if an eligible employee earns SECTION 33.
108.04 (15) (am), (an) and (ao) of the wages in a given week, the first $30 of thewages up to the statutes are created to read:
amount specified in subd.
shall be disregarded and the employee's applicable weekly benefit payment shall be reduced by 67 percent of the remaining amount, except that no such employee is eligible for benefits if the employee's benefit payment would be less than $5 for any week.
shall be disregarded and the 108.04(15) (am) In carrying out this state’s program employee’s applicable weekly benefit payment shall be of reemployment services and eligibility assessments reduced by 67 percent of the remaining amount, except using grant funds awarded under 42 USC 506, the depart- that no such employee is eligible for benefits if the ment shall, except as provided in par.
1.
(b), provide reem- employee’s benefit payment would be less than $5 for ployment services to all claimants identified by the any week.
For purposes of this paragraph, “wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work under s.
department as likely to exhaust regular benefits, includ- 1.
108.04 (1) (a) which is treated as wages under s.
For purposes of this paragraph, “wages” includes ing by requiring the claimant to complete an online any salary reduction amounts earned that are not wages assessment aimed at identifying the claimant’s skills, and that are deducted from the salary of a claimant by an abilities, and career aptitude.
108.04 (1) (bm), but excludes any amount that a claimant earns for services - 2022 Legislature - 18 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 34 performed as a volunteer fire fighter, volunteer emergency medical services practitioner, or volunteer emergency medical responder.
employer pursuant to a salary reduction agreement under (an) 1.
Notwithstanding par.
(am), in carrying out this a cafeteria plan, within the meaning of 26 USC 125, and state’s program of reemployment services and eligibility any amount that a claimant would have earned in avail- assessments using grant funds awarded under 42 USC able work under s.
108.04 (1) (a) which is treated as 506, the department shall, except as provided in par.
(b), wages under s.
108.04 (1) (bm), but excludes any amount provide reemployment services to all claimants receiving that a claimant earns for services performed as a volun- benefits, including benefits under ss.
108.141 and teer fire fighter, volunteer emergency medical services 108.142, including by doing all of the following for each practitioner, or volunteer emergency medical responder.
such claimant:
In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.
In applying this paragraph, the department shall a.
SECTION 35.
Requiring the claimant to complete an online disregard discrepancies of less than $2 between wages assessment aimed at identifying the claimant’s skills, reported by employees and employers.
abilities, and career aptitude.
S ECTION 35.
of the statutes is created to read:
of the statutes is created b.
Coordinating with the claimant to develop an indi- to read:
vidualized employment plan for the claimant.
2., the maximum amount of wages that may be disregarded in a given week shall be an amount equal to 40 percent of the employee's weekly benefit rate or $30, whichever is greater.
2., the maxi- c.
SECTION 36.
Requiring the claimant to participate in the ser- mum amount of wages that may be disregarded in a given vices described under par.
(a) 2.
a.
as needed pursuant to week shall be an amount equal to 40 percent of the the individualized employment plan described in subd.
1.
employee’s weekly benefit rate or $30, whichever is b.
greater.
Wisconsin Act − 6 − 2021 Assembly Bill 883 SECTION 36.
of the statutes is renumbered 108.13 (4) (a) 2m.
of the statutes is renum- (b) The department shall, by March 1 and September bered 108.13 (4) (a) 2m.
108.13 (4) (a) 2m.
1 of each year, submit the most recent report prepared 108.13 (4) (a) 2m.
“Unemployment insurance" “Reemployment assistance” means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
“Unemployment insurance” under par.
SECTION 37.
(a) to the appropriate standing committees of “Reemployment assistance” means any compensation the legislature under s.
108.133 (2) (a) (intro.) of the statutes is amended to read:
13.172 (3).
108.133 (2) (a) (intro.) Promulgateediately promulgate rules to establish the program.
payable under this chapter, including amounts payable by S ECTION 42.
The department shall do all of the following in the rules promulgated under this paragraph:
108.141 (1) (b) 3.
SECTION 38.
of the statutes is the department pursuant to an agreement under any fed- amended to read:
108.133 (2) (am) of the statutes is amended to read:
eral law providing for compensation, assistance or 108.141 (1) (b) 3.
108.133 (2) (am) Promulgate Immediately promulgate rules identifying occupations for which drug testing is regularly conducted in this statThe department shall notify the U.S.
Has no right to unemployment allowances with respect to unemployment.
department of labor of any rules promulgated under this paragraph.
reemployment assistance benefits or allowances, as the SECTION 37.
SECTION 39.
108.133 (2) (a) (intro.) of the statutes is case may be, under the railroad unemployment insurance amended to read:
108.14 (1) of the statutes is amended to read:
act or such other federal laws as are specified in regula- 108.133(2) (a) (intro.) Promulgate Immediately pro- tions issued by the U.S.
LRB-4768/1 - 2022 Legislature - 19 - MED&EAW:cjs S ECTION 39 ASSEMBLY BILL 883 108.14 (1) This chapter shall be administered by the department through its division of reemployment assistance.
secretary of labor, and has not mulgate rules to establish the program.
SECTION 40.
The department received and is not seeking unemployment reemploy- shall do all of the following in the rules promulgated ment assistance benefits under the unemployment insur- under this paragraph:
108.14 (8o) of the statutes is created to read:
ance reemployment assistance law of Canada, but if the SECTION 38.
108.14 (8o) The department shall act to continue to receive grants for reemployment services and eligibility assessments under 42 USC 506.
108.133 (2) (am) of the statutes is individual is seeking such benefits and the appropriate amended to read:
SECTION 41.
agency finally determines that he or she is not entitled to 108.133 (2) (am) Promulgate Immediately promul- benefits under such law he or she is an exhaustee.
108.14 (30) of the statutes is created to read:
gate rules identifying occupations for which drug testing S ECTION 43.
108.14(30) (a) 1.
108.142 (1) (h) 3.
The department shall semiannually compile data and prepare a report to provide information on and analysis of the employment outcomes of claimants after receiving benefits under this chapter.
of the statutes is is regularly conducted in this state.
2.
The department shall amended to read:
notify the U.S.
department of labor of any rules promul- 108.142 (1) (h) 3.
Has no right to unemployment gated under this paragraph.
reemployment assistance benefits or allowances under SECTION 39.
108.14 (1) of the statutes is amended to the railroad unemployment insurance act or such other read:
federal laws as are specified in regulations issued by the 108.14 (1) This chapter shall be administered by the U.S.
secretary of labor, and has not received and is not department through its division of reemployment assist- seeking unemployment reemployment assistance bene- ance.
fits under the unemployment insurance reemployment SECTION 40.
108.14 (8o) of the statutes is created to assistance law of Canada, but if the individual is seeking read:
such benefits and the appropriate agency finally deter- 108.14 (8o) The department shall act to continue to mines that he or she is not entitled to benefits under that receive grants for reemployment services and eligibility law, the individual is an “exhaustee”.
assessments under 42 USC 506.
S ECTION 44.
108.19 (1m) of the statutes is amended SECTION 41.
108.14 (30) of the statutes is created to to read:
read:
108.19(1m) Each employer subject to this chapter as 108.14(30) (a)1.
The department shall semiannually of the date a rate is established under this subsection shall compile data and prepare a report to provide information pay an assessment to the unemployment reemployment on and analysis of the employment outcomes of assistance interest payment fund at a rate established by claimants after receiving benefits under this chapter.
the department sufficient to pay interest due on advances 2.
shall be prepared using data obtained from quarterly wage reports filed under s.
shall be prepared from the federal unemployment account under Title XII using data obtained from quarterly wage reports filed of the federal social security act, 42 USC 1321 to 1324.
108.205 pertaining to all claimants whose data is included in that report as provided in subd.
under s.
108.205 pertaining to all claimants whose data The rate established by the department for employers is included in that report as provided in subd.
b.
who finance benefits under s.
108.15 (2), 108.151 (2), or b.
shall cover the 2 most recent quarters for which data are available, with each of the 2 quarters reported on separately in the report.
shall cover the 2 most 108.152 (1) shall be 75 percent of the rate established for recent quarters for which data are available, with each of other employers.
3.
The amount of any employer’s assess- the 2 quarters reported on separately in the report.
A claimant's data shall be used under subd.
ment shall be the product of the rate established for that 3.
A claimant’s data shall be used under subd.
for each of the 12 quarters following the claimant's first benefit payment in the claimant's benefit year.
for employer multiplied by the employer’s payroll of the pre- each of the 12 quarters following the claimant’s first ben- vious calendar year as taken from quarterly employment efit payment in the claimant’s benefit year.
4.
and wage reports filed by the employer under s.
The department shall break out the data in each report under subd.
108.205 4.
The department shall break out the data in each (1) or, in the absence of the filing of such reports, esti- report under subd.
a.
mates made by the department.
Each assessment made a.
The department may group together claimants who received comparable numbers of weeks of benefits.
The under this subsection is due within 30 days after the date department may group together claimants who received the department issues the assessment.
b.
If the amounts col- comparable numbers of weeks of benefits.
Regions of the state, using the regions corresponding to those for local workforce development boards established under 29 USC 3122.
lected from employers under this subsection exceed the b.
(b) The department shall, by March 1 and September 1 of each year, submit the most recent report prepared under par.
Regions of the state, using the regions correspond- amounts needed to pay interest due, the department shall ing to those for local workforce development boards use any excess to pay interest owed in subsequent years established under 29 USC 3122.
(a) to the appropriate standing committees of the legislature under s.
on advances from the federal unemployment account.
13.172 (3).
If Assembly Bill 883 − 7 − 2021 Wisconsin Act the department determines that additional interest obliga- payments shall not reduce the back pay otherwise allow- tions are unlikely, the department shall transfer the excess able, but shall be withheld from the employee and imme- to the balancing account of the fund, the unemployment diately paid to the unemployment reserve fund or, in the reemployment assistance program integrity fund, or both case of a welfare payment, to the welfare agency making in amounts determined by the department.
- 2022 Legislature - 20 - LRB-4768/1 MED&EAW:cjs ASSEMBLY BILL 883 SECTION 42 SECTION 42.
such payment.
108.141 (1) (b) 3.
The employee shall be entitled to an order SECTION 45.
of the statutes is amended to read:
111.39 (4) (c) of the statutes is amended of mandamus to enforce the payment or other provisions to read:
108.141 (1) (b) 3.
of such order.
Has no right to unemployment reemployment assistance benefits or allowances, as the case may be, under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S.
111.39(4) (c) If, after hearing, the examiner finds that SECTION 47.
secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law he or she is an exhaustee.
230.85 (3) (d) of the statutes is amended the respondent has engaged in discrimination, unfair to read:
SECTION 43.
honesty testing or unfair genetic testing, the examiner 230.85 (3) (d) Interim earnings or amounts earnable shall make written findings and order such action by the with reasonable diligence by the person subjected to the respondent as will effectuate the purpose of this sub- retaliatory action or threat shall reduce back pay other- chapter, with or without back pay.
108.142 (1) (h) 3.
If the examiner awards wise allowable.
of the statutes is amended to read:
Amounts received by the person sub- any payment to an employee because of a violation of s.
108.142 (1) (h) 3.
jected to the retaliatory action or threat as unemployment 111.321 by an individual employed by the employer, reemployment assistance benefits or welfare payments under s.
Has no right to unemploymentreemployment assistance benefits or allowances under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S.
111.32 (6), the employer of that individual is do not reduce the back pay otherwise allowable, but shall liable for the payment.
secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under that law, the individual is an “exhaustee".
If the examiner finds a respondent be withheld from the person subjected to the retaliatory violated s.
SECTION 44.
111.322 (2m), the examiner shall award com- action or threat and immediately paid to the unemploy- pensation in lieu of reinstatement if requested by all par- ment reserve fund or to the welfare agency making the ties and may award compensation in lieu of reinstatement payment.
108.19 (1m) of the statutes is amended to read:
if requested by any party.
108.19 (1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment reemployment assistance interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the federal social security act, 42 USC 1321 to 1324.
Compensation in lieu of rein- SECTION 48.
The rate established by the department for employers who finance benefits LRB-4768/1 - 2022 Legislature - 21 - MED&EAW:cjs SECTION 44 ASSEMBLY BILL 883 under s.
779.01 (2) (am) of the statutes is statement for a violation of s.
108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers.
111.322 (2m) may not be amended to read:
The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s.
less than 500 times nor more than 1,000 times the hourly 779.01 (2) (am) “Labor” includes any wages and wage of the person discriminated against when the viola- related contributions for state employment taxes, work- tion occurred.
108.205 (1) or, in the absence of the filing of such reports, estimates made by the department.
Back pay liability may not accrue from a er’s compensation and unemployment compensation date more than 2 years prior to the filing of a complaint insurance reemployment assistance, and other fringe with the department.
Each assessment made under this subsection is due within 30 days after the date the department issues the assessment.
Interim earnings or amounts earn- benefits.
If the amounts collected from employers under this subsection exceed the amounts needed to pay interest due, the department shall use any excess to pay interest owed in subsequent years on advances from the federal unemployment account.
able with reasonable diligence by the person discrimi- SECTION 49.
If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the balancing account of the fund, the unemploymentreemployment assistance program integrity fund, or both in amounts determined by the department.
Terminology changes.
S ECTION 45.
nated against or subjected to unfair honesty testing or (1) U NEMPLOYMENT INSURANCE;
111.39 (4) (c) of the statutes is amended to read:
TERMINOLOGY unfair genetic testing shall operate to reduce back pay CHANGES.
111.39 (4) (c) If, after hearing, the examiner finds that the respondent has engaged in discrimination, unfair honesty testing or unfair genetic testing, the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subchapter, with or without back pay.
otherwise allowable.
If the examiner awards any payment to an employee because of a violation of s.
Amounts received by the person (a) Wherever “unemployment insurance” appears in discriminated against or subject to the unfair honesty the following, as affected by the acts of 2021, “reemploy- testing or unfair genetic testing as unemployment reem- ment assistance” is substituted:
111.321 by an individual employed by the employer, under s.
111.32 (6), the employer of that individual is liable for the payment.
If the examiner finds a respondent violated s.
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How this bill changes current law

9 changes Share ↗

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

This bill changes the name and administration of unemployment insurance to 'reemployment assistance' and makes several adjustments to eligibility and benefit calculations.

  • 20.445 (1) (aL)

    Unemployment insurance → Reemployment assistance

    The title of the unemployment insurance program is changed to reemployment assistance.

  • 20.445 (1) (gd)

    Unemployment → Reemployment

    References to unemployment in relation to interest and penalty payments are changed to reemployment.

  • 108.05 (3) (a)

    the first $30 of the wages shall be disregarded → the first $30 or 40 percent of the claimant's weekly benefit rate, whichever amount is greater, shall be disregarded

    The threshold for disregarding earnings in the partial benefits calculation is adjusted to potentially increase the amount of benefits received.

  • 108.05 (3) (dm)

    totalling more than $500 → totalling more than $500; however, the partial benefits formula changes are not affected by this limit.

    The bill clarifies that a recipient with earnings over $500 is still ineligible, but it does not affect other earnings thresholds.

  • 108.04 (15) (a) 2.

    the department may require → the department shall require

    The bill changes the department's discretion to require participation in workshops or training to a requirement.

  • 108.04 (2) (a) 4.

    for weekly work search requirements → direct contacts with potential employers are required as part of the weekly work search actions

    The bill mandates that claimants make direct contacts with employers in their job search.

  • 108.04 (1) (g)

    10 times the individual's weekly benefit rate → not exceed the individual's weekly benefit rate based solely on employment

    This adjustment potentially reduces the cap on wages for computing benefits.

  • 108.133

    The bill expands controlled substances testing requirements for unemployment benefit applicants.

    The bill requires immediate promulgation of rules for drug testing applicants as part of the eligibility process.

  • 108.133

    The bill establishes a grant program for hiring long-term unemployment recipients.

    Employers hiring specific recipients may receive financial incentives.

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 3-2-2022

  6. LRB correction

  7. Received from Senate concurred in

  8. Ordered immediately messaged

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

  10. Rules suspended

  11. Ordered to a third reading

  12. Read a second time

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

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

  15. Available for scheduling

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

  17. Received from Assembly

  18. Ordered immediately messaged

  19. Representative Skowronski added as a coauthor

  20. Read a third time and passed

  21. Rules suspended

  22. Ordered to a third reading

  23. Read a second time

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

  25. Referred to committee on Rules

  26. Report passage recommended by Committee on Labor and Integrated Employment, Ayes 6, Noes 3

  27. Executive action taken

  28. Fiscal estimate received

  29. Public hearing held

  30. Read first time and referred to Committee on Labor and Integrated Employment

  31. Introduced by Representatives Petryk, Penterman, Armstrong, Born, Dittrich, Duchow, Edming, Knodl, Kuglitsch, Loudenbeck, Moses, Mursau, Petersen, Thiesfeldt, Tittl, Wichgers and Wittke; cosponsored by Senators Roth, Ballweg, Bernier and Feyen

Sponsors

Sponsorship breakdown

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17 sponsors · 0 co-sponsors · 115 not signed on · 8 voted No

Sponsors (17)

Co-sponsors (0)

None.

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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
Republican 13000
Democrat 0800
Total 211200
% of votes cast 64%36%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
PETROWSKI — Yea
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
AGARD — Nay
BEWLEY — Nay
ERPENBACH — Nay
RINGHAND — 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 →

Subjects

labor
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Frequently asked questions

Who sponsors AB 883?
AB 883 is sponsored by Wittke, Robert (Republican), Wichgers, Chuck (Republican), Tittl, Paul (Republican), Thiesfeldt, Petersen, Kevin (Republican), Mursau, Jeffrey (Republican), Moses, Clint (Republican), Loudenbeck, Kuglitsch, Knodl, Daniel (Republican), Edming, Duchow, Cindi (Republican), Dittrich, Barbara (Republican), Born, Mark (Republican), Armstrong, David (Republican), Penterman, William (Republican), and Petryk.
What is the current status of AB 883?
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 883?
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