Wisconsin 2021-2022 Regular Session Status: To Executive 20 R cosponsors

AB 938 — Relating to: various changes to the unemployment insurance law, requiring an audit to be conducted by the Legislative Audit Bureau, requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits, and authorizing the secretary of administration to transfer employees from any executive branch agency to the Department of Workforce Development for certain purposes. (FE)

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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

182 added · 408 removed

Plain-language change summary

The updated version of Assembly Bill 938 introduces several changes to Wisconsin's unemployment insurance law. Notably, it now requires an audit by the Legislative Audit Bureau and mandates that any federally authorized unemployment benefits receive approval from the Joint Committee on Finance. Additionally, it allows for the transfer of employees from different state agencies to assist the Department of Workforce Development. These changes aim to enhance oversight and management of unemployment funds, which is crucial for ensuring efficient and effective support for those who are unemployed.

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- 2022 LEGISLATURE LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 January 31, 2022 - Introduced by Representatives A RMSTRONG , P ETRYK, PENTERMAN , A UGUST, BRANDTJEN , CABRAL-G UEVARA, CALLAHAN , DITTRICH, EDMING , AMES , KATSMA, KITCHENS, KNODL, KRUG, KUGLITSCH, LOUDENBECK , M ACCO, MAGNAFICI, MOSES, OLDENBURG, PETERSEN, PLUMER, SCHRAA, NYDER , SORTWELL , STEFFEN, TITT, TUSLER, VORPAGEL , WICHGERS, ZIMMERMAN and BORN , cosponsored by Senators IMBERGER , ERNIER, DARLING, FELZKOWSKI, FEYEN , MARKLEIN, NASSand STROEBEL .
Date of enactment:
Referred to Committee on Workforce Development.
Assembly Bill 938 Date of publication*:
A N A CT to renumber and amend 108.04 (2) (a) 4.
WISCONSIN ACT A N A CT to renumber and amend 108.04 (2) (a) 4.
various changes to the unemployment insurance law, requiring an audit to be conducted by the Legislative Audit Bureau, requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits, and authorizing the secretary of administration to transfer employees from any executive branch agency to the Department of Workforce Development for certain purposes.
various changes to the unem- ployment insurance law, requiring an audit to be conducted by the Legislative Audit Bureau, requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits, and authorizing the secretary of administration to transfer employees from any executive branch agency to the Department of Workforce Develop- ment for certain purposes.
Analysis by the Legislative Reference Bureau UNEMPLOYMENT INSURANCE This bill makes various changes in the unemployment insurance (UI) law, which is administered by the Department of Workforce Development.
The people of the state of Wisconsin, represented in SECTION 2.
Significant changes include all of the following:
16.54 (14) of the statutes is created to senate and assembly, do enact as follows:
- 2022 Legislature - 2 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 Misconduct Currently, if an employee is discharged for misconduct connected with his or her employment, the employee is ineligible to receive benefits until certain requalification criteria are satisfied.
read:
In addition, all wages earned with the employer that discharges the employee are excluded in determining the amount of any future benefits to which the employee is entitled.
16.54(14) (a) In this subsection, “benefit augmenta- SECTION 1.
Current law provides a general definition of misconduct and also specifies a number of specific actions that constitute misconduct.
This bill does all of the following with respect to what is considered misconduct:
1.
Current law specifically provides that misconduct includes theft of an employer's property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an employee's employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial damage to his or her employer's property.
This bill:
a.
Deletes the requirement that the employee have the intent to deprive the employer of the property or services permanently.
b.
Provides that intentional or negligent conduct by an employee that causes the destruction of an employer's records is also considered misconduct.
c.
Adds unauthorized possession of an employer's property, theft or unauthorized distribution of an employer's confidential or proprietary information, and use of an employer's credit card or other financial instrument for an unauthorized or nonbusiness purpose without prior approval from the employer to the list of what is considered misconduct.
2.
Current law specifically provides that misconduct includes absenteeism by an employee on more than two occasions within the 120-day period before the date of the employee's termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness.
This bill instead provides that misconduct includes both of the following:
1) a violation of an employer's reasonable policy that covers employee absenteeism, tardiness, or both and that results in an employee's termination, if that termination is in accordance with that policy and the policy is specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature;
and 2) if an employer does not have a policy covering absenteeism that meets the criteria just described, absenteeism on more than two occasions within the 120-day period preceding an employee's termination, if the employee does not provide to the employer both notice and one or more valid reasons for the absenteeism.
3.
The bill specifically provides that misconduct includes a violation by an employee of an employer's reasonable employment policy that covers the use of social LRB-4346/1 - 2022 Legislature - 3 - MED&EAW:cjs&cdc ASSEMBLY BILL 938 media specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature.
General qualifying requirements Under current law, a claimant for UI benefits is generally required to 1) register for work, 2) be able to work and available for work, and 3) conduct a work search for each week in order to remain eligible.
A claimant is required to conduct at least four work search actions each week, and DWD may require, by rule, that an individual conduct more than four work search actions per week.
Finally, if a claimant is claiming benefits for a week other than an initial week, the claimant must provide information or job application materials that are requested by DWD and participate in a public employment office workshop or training program or in similar reemployment services required by DWD.
This bill does the following:
1.
Requires a claimant who resides outside this state and who is claiming benefits for a week other than an initial week to register with his or her local job center website or labor market exchange and requires DWD to verify that each such claimant has complied with that requirement.
2.
Requires DWD to conduct random audits for at least 50 percent of all work search actions reported to have been performed by claimants.
Current law requires random audits of work search actions, but does not require a specific number or level of audits.
Identity proofing The bill requires DWD to implement identity proofing measures for UI claimants who are engaging in benefit-related transactions with DWD that:
1) require a claimant to verify his or her identity prior to filing an initial claim for benefits and when engaging in other transactions with DWD, and 2) achieve the IAL2 and AAL2 standards adopted in the National Institute of Standards and Technology's Digital Identity Guidelines.
Education and informational materials Current law requires DWD to compile and provide to employers certain information about how the UI system works, including a handbook on the UI system for employers and information concerning the financing of the UI system to be published on DWD's website.
This bill requires DWD to also provide certain training materials for employers and claimants on the UI system.
The bill requires DWD to publish prerecorded training videos on its website and also to provide quarterly, free, live training seminars for employing units.
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Assistance call center This bill requires DWD to operate a call center to assist claimants for UI benefits or similar federal payments.
Under the bill, if the volume of calls has increased by 300 percent or more over the same week during the previous year or if there is a declared statewide emergency that causes or relates to an increase in UI claims, DWD is required to increase the hours for the call center to include evening hours after 5 p.m.
and weekend hours.
- 2022 Legislature - 4 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 Database comparisons This bill requires DWD to perform a comparison of state and national databases that track death records, employment records, and prison records against recipients of UI benefits for the purposes of detecting fraud or erroneous payments.
The bill requires DWD to perform the comparison on at least a weekly basis.
The bill provides that DWD may also make such comparisons with other databases.
OTHER CHANGES UI benefit augmentations subject to review by Joint Committee on Finance This bill provides that whenever any UI benefit augmentation is provided for through an act of congress or by executive action of the president of the United States, the cochairpersons of the Joint Committee on Finance must be notified, in writing, of the proposed benefit augmentation.
The bill defines “benefit augmentation” to mean any action whereby the governor or any other state agency or official would encumber or expend moneys received from, or accept reimbursement from, the federal government or whereby the governor or any other state agency or official would enter into any contract or agreement with the federal government or any federal agency to 1) increase the weekly UI benefit rate payable to claimants above what is provided under state law, or 2) increase the total amount of UI benefits to which a claimant is entitled above what is provided under state law.
Under the bill, such a benefit augmentation is subject to a 14-day passive review by the Joint Committee on Finance.
In addition, the bill provides that no benefit augmentation may be effectuated unless it is subject to termination or cancellation by the Joint Committee on Finance.
Worker's compensation;
misconduct Currently, under the worker's compensation law, an employer is not liable for temporary disability benefits during an employee's healing period if the employee is suspended or terminated from employment due to misconduct, as defined under the UI law.
Under the bill, the changes to the UI law's definition of misconduct described above apply under the worker's compensation law as well.
Audit of UI fraud detection and prevention efforts This bill requires the Legislative Audit Bureau to conduct an audit of DWD's efforts to detect and prevent fraud and to recover fraud overpayments in the UI program, the federal pandemic unemployment assistance program, and the pandemic emergency unemployment compensation program.
Transfer of employees to DWD The bill authorizes the secretary of administration to temporarily transfer employees from any executive branch agency to DWD to assist in deciding UI appeals.
Under the bill, DWD must pay all salary and fringe benefit costs of that employee during the time the employee is at DWD.
LRB-4346/1 - 2022 Legislature - 5 - MED&EAW:cjs&cdc ASSEMBLY BILL 938 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.
of the statutes is amended to read:
of the statutes is amended tion” means for any state agency or official, including the to read:
and sub.
and governor, to encumber or expend moneys received from, sub.
(14), whenever funds shall be made available to this state through an act of congress and the funds are accepted as provided in sub.
(14), whenever funds shall be made available to this or accept reimbursement from, the federal government or state through an act of congress and the funds are for any state agency or official, including the governor, accepted as provided in sub.
(1), the governor shall designate the state board, commission, or department to administer any of such funds, and the board, commission, or department so designated by the governor is authorized and directed to administer such funds for the purpose designated by the act of congress making an appropriation of such funds, or by the department of the United States government making such funds available to this state.
(1), the governor shall desig- to enter into any contract or agreement with the federal nate the state board, commission, or department to government or any federal agency, to do any of the fol- administer any of such funds, and the board, commission, lowing:
Whenever a block grant is made to this state, no moneys received as a part of the block grant may be transferred from use as a part of one such grant to use as a part of another such grant, regardless of whether a transfer between appropriations is required, unless the joint committee on finance approves the transfer.
SECTION 2.
16.54 (14) of the statutes is created to read:
16.54 (14) (a) In this subsection, “benefit augmentation” means for any state agency or official, including the governor, to encumber or expend moneys received from, or accept reimbursement from, the federal government or for any state agency or official, including the governor, to enter into any contract or agreement with the federal government or any federal agency, to do any of the following:
Increase the weekly unemployment insurance benefit rate payable to claimants above what is provided under s.
Increase the weekly unemployment insurance ben- or department so designated by the governor is autho- rized and directed to administer such funds for the pur- efit rate payable to claimants above what is provided pose designated by the act of congress making an appro- under s.
108.05, including by providing any stipend - 2022 Legislature - 6 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 S ECTION 2 or other benefit separately from unemployment insurance benefits, if eligibility for that stipend or benefit is determined, in whole or in part, based on an individual's receipt of, or eligibility for, unemployment insurance benefits.
108.05, including by providing any stipend or priation of such funds, or by the department of the United other benefit separately from unemployment insurance States government making such funds available to this benefits, if eligibility for that stipend or benefit is deter- state.
Whenever a block grant is made to this state, no mined, in whole or in part, based on an individual’s moneys received as a part of the block grant may be trans- receipt of, or eligibility for, unemployment insurance ferred from use as a part of one such grant to use as a part benefits.
of another such grant, regardless of whether a transfer 2.
Increase the total amount of unemployment insur- between appropriations is required, unless the joint com- ance benefits to which a claimant is entitled above what mittee on finance approves the transfer.
is provided under s.
108.06 (2), including by providing an * Section 991.11,ISCONSISTATUTES:
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 938 increased overall benefit entitlement or additional weeks 108.04(5) (b) Theft or unauthorized possession ofan of benefits.
employer’s property or , theft of an employer’s services (b) 1.
Whenever any benefit augmentation is pro- with intent to deprive the employer of the property or ser- vided for through an act of congress or by executive vices permanently, theft or unauthorized distribution of action of the president of the United States, the governor an employer’s confidential or proprietary information, or other state agency or official shall notify the cochair- use of an employer’s credit card or other financial instru- persons of the joint committee on finance, in writing, of ment for an unauthorized or nonbusiness purpose with- the proposed benefit augmentation.
The notice shall con- out prior approval from the employer, theft of currency tain a detailed description of the proposed benefit aug- of any value, felonious conduct connected with an mentation, an affirmative statement that the proposed employee’s employment with his or her employer, or benefit augmentation complies with subd.
2., and, if the intentional or negligent conduct by an employee that proposed benefit augmentation requires any contract or causes the destruction of an employer’s records or sub- agreement with the federal government or any federal stantial damage to his or her an employer’s property.
agency, a copy of the proposed contract or agreement if S ECTION 6.
108.04 (5) (e) (intro.) of the statutes is available.
If the cochairpersons of the committee do not created to read:
notify the governor, agency,orofficial that the committee 108.04 (5) (e) (intro.) Any of the following:
has scheduled a meeting for the purpose of reviewing the S ECTION 7.
108.04 (5) (e) of the statutes is renum- proposed benefit augmentation within 14 working days bered 108.04 (5) (e) 1.
and amended to read:
after the date of the governor’s, agency’s, or official’s 108.04 (5) (e) 1.
Absenteeism by an employee on notification, the benefit augmentation may, subject to more than 2 occasions within the 120−day period before subd.
2., be effectuated as proposed by the governor, the date of the employee’s termination, unless otherwise agency, or official.
If, within 14 working days after the date of the governor’s, agency’s, or official’s notifica- specified by his or her employer if the employee does not tion, the cochairpersons of the committee notify the gov- provide to his or her employer both notice and one or more valid reasons for the absenteeism.
This subdivision ernor, agency, or official that the committee has sched- does not apply if the employer has a reasonable policy uled a meeting for the purpose of reviewing the proposed that covers absenteeism described in subd.
Increase the total amount of unemployment insurance benefits to which a claimant is entitled above what is provided under s.
in an benefit augmentation, the benefit augmentation may not be effectuated without the approval of the committee.
108.06 (2), including by providing an increased overall benefit entitlement or additional weeks of benefits.
employment manual of which the employee has The committee may not approve a proposed benefit aug- acknowledged receipt with his or her signature, or exces- sive tardiness by an employee in violation of a policy of mentation unless it complies with subd.
(b) 1.
Whenever any benefit augmentation is provided for through an act of congress or by executive action of the president of the United States, the governor or other state agency or official shall notify the cochairpersons of the joint committee on finance, in writing, of the proposed benefit augmentation.
The notice shall contain a detailed description of the proposed benefit augmentation, an affirmative statement that the proposed benefit augmentation complies with subd.
2., and, if the proposed benefit augmentation requires any contract or agreement with the federal government or any federal agency, a copy of the proposed contract or agreement if available.
If the cochairpersons of the committee do not notify the governor, agency, or official that the committee has scheduled a meeting for the purpose of reviewing the proposed benefit augmentation within 14 working days after the date of the governor's, agency's, or official's notification, the benefit augmentation may, subject to subd.
2., be effectuated as proposed by the governor, agency, or official.
If, within 14 working days after the date of the governor's, agency's, or official's notification, the cochairpersons of the committee notify the governor, agency, or official that the committee has scheduled a meeting for the purpose of reviewing the proposed benefit augmentation, the benefit augmentation may not be effectuated without the approval of the committee.
The committee may not approve a proposed benefit augmentation unless it complies with subd.
LRB-4346/1 - 2022 Legislature - 7 - MED&EAW:cjs&cdc SECTION 2 ASSEMBLY BILL 938 2.
the employer that has been communicated to the 2.
No benefit augmentation may be effectuated unless it is subject to termination or cancellation by the joint committee on finance.
No benefit augmentation may be effectuated unless it is subject to termination or cancellation by the employee, if the employee does not provide to his or her joint committee on finance.
(c) This subsection does not apply with respect to federal extended benefits under s.
employer both notice and one or more valid reasons for (c) This subsection does not apply with respect to the absenteeism or tardiness.
S ECTION 8.
108.04 (5) (e) 2.
of the statutes is created federal extended benefits under s.
to read:
of the statutes is renumbered 108.04 (2) (a) 4.
of the statutes is renum- bered 108.04 (2) (a) 4.
108.04 (2) (a) 4.
108.04(5) (e) 2.
(intro.) If the claimant is claiming benefits for a week other than an initial week, the claimant provides does all of the following:
A violation of an employer’s reason- 108.04 (2) (a) 4.
a.
(intro.) If the claimant is claiming able policy that covers employee absenteeism, tardiness, benefits for a week other than an initial week, the or both, and that results in an employee’s termination, if that termination is in accordance with that policy and the claimant provides does all of the following:
Provides information or job application materials that are requested by the department and participates b.
policy is specified by the employer in an employment a.
Participates in a public employment office workshop or training program or in similar reemployment services that are required by the department under sub.
Provides information or job application materials that are requested by the department and participates.
manual of which the employee has acknowledged receipt b.
Participates in a public employment office work- with his or her signature.
shop or training program or in similar reemployment ser- S ECTION 9.
108.04 (5) (h) of the statutes is created to read:
vices that are required by the department under sub.
SECTION 4.
108.04 (5) (h) A violation by an employee of an SECTION 4.
of the statutes is created to read:
of the statutes is cre- employer’s reasonable policy that covers the use of social ated to read:
108.04 (2) (a) 4.
media and is substantially related to the employee’s 108.04(2) (a) 4.
Registers with his or her local job center website or labor market exchange, if the claimant resides outside of this state.
Registers with his or her local job employment, if the violation results in an employee’s ter- mination and if that termination is in accordance with that center website or labor market exchange, if the claimant resides outside of this state.
The department shall verify that each such claimant has complied with this subd.
The department shall verify policy and the policy is specified by the employer in an that each such claimant has complied with this subd.
d.
employment manual of which the employee has d.
acknowledged receipt with his or her signature.
108.04 (5) (b) of the statutes is amended to read:
108.04 (5) (b) of the statutes is amended S ECTION 10.
108.04 (5) (b) Theft or unauthorized possessof an employer's property or, theft of an employer's services with intent to deprive the employer of the property or services permanently, theft or unauthorized distribution of an employer's confidential or proprietary information, use of an employer's credit card or other financial instrument for an unauthorized or nonbusiness purpose without prior approval from the employer, theft of currency of any value, felonious conduct - 2022 Legislature - 8 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 SECTION 5 connected with an employee's employment with his or her employer, or intentional or negligent conduct by an employee that causes the destruction of an employer's records or substantial damage to his or her an employer's property.
SECTION 6.
108.04 (5) (e) (intro.) of the statutes is created to read:
108.04 (5) (e) (intro.) Any of the following:
SECTION 7.
108.04 (5) (e) of the statutes is renumbered 108.04 (5) (e) 1.
and amended to read:
108.04 (5) (e) 1.
Absenteeism by an employee on more than 2 occasions within the 120-day period before the date of the employee's termination, unless otherwise specified by his or her employer if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism.
This subdivision does not apply if the employer has a reasonable policy that covers absenteeism described in subd.
2.
in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness.
SECTION 8.
108.04 (5) (e) 2.
of the statutes is created to read:
108.04 (5) (e) 2.
A violation of an employer's reasonable policy that covers employee absenteeism, tardiness, or both, and that results in an employee's termination, if that termination is in accordance with that policy and the policy is specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature.
SECTION 9.
108.04 (5) (h) of the statutes is created to read:
LRB-4346/1 - 2022 Legislature - 9 - MED&EAW:cjs&cdc SECTION 9 ASSEMBLY BILL 938 108.04 (5) (h) A violation by an employee of an employer's reasonable policy that covers the use of social media and is substantially related to the employee's employment, if the violation results in an employee's termination and if that termination is in accordance with that policy and the policy is specified by the employer in an employment manual of which the employee has acknowledged receipt with his or her signature.
SECTION 10.
108.14 (10m) The department shall implement identity proofing measures for claimants who are engaging in benefit-related transactions with the department that satisfy all of the following:
to read:
(a) The measures require a claimant to verify his or her identity prior to filing an initial claim for benefits and when engaging in other transactions with the department.
Assembly Bill 938 − 3 − 2021 Wisconsin Act 108.14(10m) The department shall implement iden- 2.
(b) The measures achieve the IAL2 and AAL2 standards adopted in the National Institute of Standards and Technology's Digital Identity Guidelines.
The National Association of State Workforce tity proofing measures for claimants who are engaging in Agencies’ integrity data hub.
SECTION 11.
benefit−related transactions with the department that sat- 3.
108.14 (20) of the statutes is amended to read:
The national directory of new hires maintained by isfy all of the following:
108.14 (20) The department shall conduct random audits on claimants for benefits under this chapter to assess compliance with the work search requirements under s.
the office of child support enforcement in the U.S.
108.04 (2) (a) 3.
(a) The measures require a claimant to verify his or department of health and human services.
The department shall conduct the audits required under this subsection at a level sufficient for the department to assess at least 50 percent of all work search actions reported to have been performed by claimants.
her identity prior to filing an initial claim for benefits and 4.
SECTION 12.
Prisoner databases maintained by the department when engaging in other transactions with the department.
108.14 (23m) of the statutes is created to read:
of justice, the department of corrections, and the U.S.
108.14 (23m) The department shall provide training materials on the unemployment insurance system, including all of the following:
(b) The measures achieve the IAL2 and AAL2 stan- department of justice.
- 2022 Legislature - 10 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 SECTION 12 (a) Training videos for claimants and employing units published on the department's Internet site.
dards adopted in the National Institute of Standards and (b) The department may perform comparisons of Technology’s Digital Identity Guidelines.
(b) Quarterly, free, live training seminars for employing units.
recipients of benefits under this chapter against public or SECTION 11.
The seminars may be in-person, online, or both.
108.14 (20) of the statutes is amended private databases other than those specified in par.
SECTION 13.
108.14 (29) of the statutes is created to read:
108.14 (29) (a) The department shall maintain a call center to provide telephone assistance and support to claimants for benefits under this chapter or payments under federal assistance programs for unemployment.
(b) The department shall, during each of the following periods, extend the call center hours to include hours after 5 p.m.
on weekdays and at least 16 hours on weekends:
1.
During a declared statewide emergency that causes or relates to an increase in unemployment claims.
2.
For 90 days after any week in which the call center experiences an increase of at least 300 percent in calls compared to the same week during the previous year, and for 90 days after each subsequent week in which such an increase occurs.
SECTION 14.
108.14 (30) of the statutes is created to read:
108.14 (30) (a) The department shall, on at least a weekly basis, perform a comparison of recipients of benefits under this chapter against all of the following for the purpose of detecting fraud or erroneous payments:
1.
Nationally recognized databases that contain information on death records, including the federal social security administration's death master file.
2.
The National Association of State Workforce Agencies' integrity data hub.
3.
The national directory of new hires maintained by the office of child support enforcement in the U.S.
department of health and human services.
LRB-4346/1 - 2022 Legislature - 11 - MED&EAW:cjs&cdc S ECTION 14 ASSEMBLY BILL 938 4.
Prisoner databases maintained by the department of justice, the department of corrections, and the U.S.
department of justice.
(b) The department may perform comparisons of recipients of benefits under this chapter against public or private databases other than those specified in par.
to read:
SECTION 15.0Nonstatutory provisions.
108.14 (20) The department shall conduct random SECTION 15.
(1) The department of workforce development shall submit a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the department determines that the department has any rules in place that are necessary to implement the renumbering and amendment of s.
Nonstatutory provisions.
audits on claimants for benefits under this chapter to (1) The department of workforce development shall assess compliance with the work search requirements submit a notice to the legislative reference bureau for under s.
108.04 (2) (a) 3.
The department shall conduct publication in the Wisconsin Administrative Register the audits required under this subsection at a level suffi- when the department determines that the department has cient for the department to assess at least 50 percent of all any rules in place that are necessary to implement the work search actions reported to have been performed by renumbering and amendment of s.
and the creation of s.
and claimants.
the creation of s.
(2) The legislative audit bureau shall conduct an audit of the department of workforce development's efforts to detect and prevent fraud and to recover overpayments that occurred as a result of fraud in the unemployment insurance program under ch.
SECTION 12.
108, the federal pandemic unemployment assistance program under 15 USC 9021, and the federal pandemic emergency unemployment compensation program under 15 USC 9025.
108.14 (23m) of the statutes is created (2) The legislative audit bureau shall conduct an to read:
The legislative audit bureau shall file a report on the audit conducted under this subsection in the manner described under s.
audit of the department of workforce development’s 108.14(23m) The department shall provide training efforts to detect and prevent fraud and to recover over- materials on the unemployment insurance system, payments that occurred as a result of fraud in the unem- including all of the following:
ployment insurance program under ch.
108, the federal (a) Training videos for claimants and employing pandemic unemployment assistance program under 15 units published on the department’s Internet site.
USC 9021, and the federal pandemic emergency unem- (b) Quarterly, free, live training seminars for employ- ployment compensation program under 15 USC 9025.
ing units.
The seminars may be in−person, online, or The legislative audit bureau shall file a report on the audit both.
conducted under this subsection in the manner described SECTION 13.
108.14 (29) of the statutes is created to under s.
(3) (a) In this subsection, “allowable period” means the period described in par.
read:
(3) (a) In this subsection, “allowable period” means 108.14 (29) (a) The department shall maintain a call the period described in par.
(b) During the allowable period, the secretary of administration may transfer any employee to the department of workforce development from any other state agency to provide services for the department of workforce development that are needed to hear and decide appeals under s.
center to provide telephone assistance and support to (b) During the allowable period, the secretary of claimants for benefits under this chapter or payments administration may transfer any employee to the depart- under federal assistance programs for unemployment.
ment of workforce development from any other state (b) The department shall, during each of the follow- agency to provide services for the department of work- ing periods, extend the call center hours to include hours force development that are needed to hear and decide after 5 p.m.
on weekdays and at least 16 hours on week- appeals under s.
Such an employee may, - 2022 Legislature - 12 - LRB-4346/1 MED&EAW:cjs&cdc ASSEMBLY BILL 938 S ECTION 15 notwithstanding s.
Such an employee may, not- ends:
108.09 (3) (a), serve as an appeal tribunal under ss.
withstanding s.
108.09 to 108.10, subject to approval of the secretary of workforce development.
108.09 (3) (a), serve as an appeal tribunal 1.
The department of workforce development shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the department of workforce development.
During a declared statewide emergency that causes under ss.
Any action by the secretary under this paragraph shall remain in effect until rescinded by the secretary or 90 days after the last day of the allowable period, whichever is earliest.
108.09 to 108.10, subject to approval of the sec- or relates to an increase in unemployment claims.
(c) A transfer under par.
retary of workforce development.
(b) may be made at any time during the period beginning on the effective date of this paragraph and ending on the 120th day after the effective date of this paragraph, except that the joint committee on finance may, upon request of the secretary of administration, extend the period by not more than an additional 120 days.
The department of 2.
(d) If an employee is transferred under par.
For 90 days after any week in which the call center workforce development shall pay all salary and fringe experiences an increase of at least 300 percent in calls benefit costs of the employee during the time he or she is compared to the same week during the previous year, and providing services for the department of workforce for 90 days after each subsequent week in which such an development.
(b), the department of workforce development may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the department of workforce development, and the agency from which the employee was transferred may not increase the employee's salary at the time the employee returns to the agency.
Any action by the secretary under this increase occurs.
(e) The secretary of administration shall submit a report to the joint committee on finance, no later than the first day of the 2nd month beginning after the effective date of this paragraph and on the first day of each subsequent month during the allowable period, that provides information on all employee transfers under par.
paragraph shall remain in effect until rescinded by the SECTION 14.
(b).
108.14 (30) of the statutes is created to secretary or 90 days after the last day of the allowable read:
Each report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the department of workforce development, and the reasons for each employee transfer.
period, whichever is earliest.
S ECTION 16.Initial applicability.
108.14 (30) (a) The department shall, on at least a (c) A transfer under par.
LRB-4346/1 - 2022 Legislature - 13 - MED&EAW:cjs&cdc SECTION 16 ASSEMBLY BILL 938 (1) The renumbering and amendment of s.
(b) may be made at any time weekly basis, perform a comparison of recipients of ben- during the period beginning on the effective date of this efits under this chapter against all of the following for the paragraph and ending on the 120th day after the effective purpose of detecting fraud or erroneous payments:
108.04 (2) (a) 4.
date of this paragraph, except that the joint committee on 1.
and the creation of s.
Nationally recognized databases that contain finance may, upon request of the secretary of administra- information on death records, including the federal social tion, extend the period by not more than an additional 120 security administration’s death master file.
108.04 (2) (a) 4.
days.
d.
Wisconsin Act − 4 − 2021 Assembly Bill 938 (d) If an employee is transferred under par.
first apply with respect to weeks of unemployment beginning on the effective date of this subsection.
(b), the with respect to weeks of unemployment beginning on the department of workforce development may not increase effective date of this subsection.
(2) The renumbering and amendment of s.
the employee’s salary at the time of transfer or during the (2) The renumbering and amendment of s.
108.04 (5) (e), the amendment of s.
108.04 (5) time he or she is providing services for the department of (e), the amendment of s.
108.04 (5) (b), and the creation of s.
108.04 (5) (b), and the creation workforce development, and the agency from which the of s.
108.09 on the effective date of this subsection.
108.09 on the employee was transferred may not increase the employ- effective date of this subsection.
SECTION 17.0Effective dates.
ee’s salary at the time the employee returns to the agency.
This act takes effect on the Sunday after publication, except as follows:
(e) The secretary of administration shall submit a SECTION 17.0Effective dates.
This act takes effect on report to the joint committee on finance, no later than the the Sunday after publication, except as follows:
108.04 (2) (a) 4.
108.04 (2) first day of the 2nd month beginning after the effective (a) 4.
ECTION 16 (1) of this act take effect on the Sunday after the notice under SECTION15 (1) of this act is published in the Wisconsin Administrative Register or on January 2, 2022, whichever occurs first.
andEC - date of this paragraph and on the first day of each subse- TION 16 (1) of this act take effect on the Sunday after the quent month during the allowable period, that provides information on all employee transfers under par.
(2) The renumbering and amendment of s.
(b).
108.04 (5) (e), the amendment of s.
notice under S ECTION 15 (1) of this act is published in the Wisconsin Administrative Register or on January 2, Each report shall specify the number of employees trans- 2022, whichever occurs first.
108.04 (5) (b), and the creation of s.
ferred, the title of each employee transferred, the title the (2) The renumbering and amendment of s.
108.04 (5) employee assumed at the department of workforce devel- (e), the amendment of s.
108.04 (5) (b), and the creation opment, and the reasons for each employee transfer.
of s.
anECTIONand S 16 (2) of this act take effect on January 2, 2022, or on the first Sunday after the 180th day after publication, whichever occurs later.
and (h) anECTION 16 SECTION 16.
(END)
Initial applicability.
(2) ofthisacttakeeffect on January 2, 2022, or on the first (1) The renumbering and amendment of s.
108.04 (2) Sunday after the 180th day after publication, whichever (a) 4.
and the creation of s.
108.04 (2) (a) 4.
d.
first apply occurs later.
View plain text versions (2)

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 3-1-2022

  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. Senate Amendment 1 rejected, Ayes 21, Noes 12

  12. Read a second time

  13. Senate Amendment 1 offered by Senator Roys

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

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

  16. Available for scheduling

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

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 59, Noes 33, Paired 4

  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 Workforce Development, Ayes 8, Noes 4

  27. Executive action taken

  28. Fiscal estimate received

  29. Fiscal estimate received

  30. Public hearing held

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

  32. Introduced by Representatives Armstrong, Petryk, Penterman, August, Brandtjen, Cabral-Guevara, Callahan, Dittrich, Edming, James, Katsma, Kitchens, Knodl, Krug, Kuglitsch, Loudenbeck, Macco, Magnafici, Moses, Oldenburg, Petersen, Plumer, Schraa, Snyder, Sortwell, Steffen, Tittl, Tusler, Vorpagel, Wichgers, Zimmerman and Born; cosponsored by Senators Wimberger, Bernier, Darling, Felzkowski, Feyen, Marklein, Nass and Stroebel

Sponsors

Sponsorship breakdown

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32 sponsors · 0 co-sponsors · 100 not signed on · 26 voted No

Sponsors (32)

Co-sponsors (0)

None.

Not signed on (100)

100 members have not signed on to this bill.

Show all 100 →

"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 →

PASSAGE

Passed 59 Yea · 33 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 35100
Unaffiliated 231500
Democrat 11700
Total 593300
% of votes cast 64%36%0%0%
How each member voted (92)
Member Party Vote
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — 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
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Yea
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 938?
AB 938 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, Plumer, Petersen, Kevin (Republican), Oldenburg, Moses, Clint (Republican), Magnafici, Macco, Loudenbeck, Kuglitsch, Krug, Scott (Republican), Knodl, Daniel (Republican), Kitchens, Joel (Republican), Katsma, James, Jesse (Republican), Edming, Dittrich, Barbara (Republican), Callahan, Calvin (Republican), Cabral-Guevara, Rachael (Republican), Brandtjen, August, Tyler (Republican), Penterman, William (Republican), Petryk, and Armstrong, David (Republican).
What is the current status of AB 938?
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 938?
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