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- 2026 LEGISLATURE LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 April 8, 2025 - Introduced by Representatives KREIBICH, O'CONNOR , NEDWESKI , G REEN, DUCHOW , MURPHY , KNODL , B.
Date of enactment:
ACOBSON , GUNDRUM and D ITTRICH, cosponsored by Senator F EYEN.
Assembly Bill 168 Date of publication*:
Referred to Committee on Workforce Development, Labor, and Integrated Employment.
WISCONSIN ACT A N A CT to create 108.14 (10m), 108.14 (23m), 108.14 (28), 108.14 (29), 108.14 (30) and 939.74 (2) (d) of the statutes;
A N A CT to create 108.14 (10m), 108.14 (23m), 108.14 (28), 108.14 (29), 108.14 (30) and 939.74 (2) (d) of the statutes;
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.
The people of the state of Wisconsin, represented in sen- 108.14 (28) If the department suspends or reduces ate and assembly, do enact as follows:
Significant changes include all of the following:
any method used by the department to detect fraud com- mitted against the unemployment insurance program SECTION 1.
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.
Statute of limitations Under current law, a prosecution for a felony must be commenced within six years after it was committed.
Current law provides several exceptions for certain felonies, and the bill adds another exception.
Under the bill, a prosecution for a - 2026 Legislature - 2 - LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 felony must be commenced within eight years after it was committed if the felony involves fraud in obtaining UI benefits and benefits under the special unemployment benefit programs under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.
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 that is published on DWD’s website.
The bill requires DWD to also provide certain training materials for employers and claimants on the UI system.
The bill requires DWD to publish training videos on its website and also to provide live training seminars for employing units that are free of charge and provided on a quarterly basis.
Assistance call center The bill requires DWD to operate a call center to assist claimants for UI benefits or similar federal payments.
Furthermore, the bill requires DWD to do the following:
1.
If the volume of calls has increased by 100 percent or more over the same week during the previous year or if there is a declared state of emergency for the state that causes or relates to an increase in UI claims, operate the call center with hours of at least 9 a.m.
to 5 p.m.
on weekdays.
2.
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 state of emergency for the state that causes or relates to an increase in UI claims, operate the call center with evening hours after 5 p.m.
and weekend hours.
Database comparisons The bill requires DWD to perform a comparison of state and national databases that track death records, employment records, prison records, citizenship and immigration, and immigrations and customs 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.
Fraud detection The bill requires DWD, if it suspends or reduces any method used by the department to detect fraud committed against the unemployment insurance program, to submit a notification detailing the suspension or reduction and the reasons therefor to the Council on Unemployment Insurance, the Governor, and the appropriate standing committees of the legislature.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
- 2026 Legislature - 3 - LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
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:
under this chapter, the department shall submit a notifi- 108.14 (10m) The department shall implement cation detailing the suspension or reduction and the rea- identity-proofing measures for claimants who are en- sons therefor to the council on unemployment insur- gaging in benefit-related transactions with the depart- ance, the governor, and the appropriate standing com- ment that satisfy all of the following:
(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.
mittees of the legislature under s.
(b) The measures achieve the IAL2 and AAL2 standards adopted in the National Institute of Standards and Technology’s Digital Identity Guidelines.
S ECTION 2.
108.14 (23m) of the statutes is created to read:
108.14 (23m) The department shall provide training materials on the unemployment insurance system, including all of the following:
(a) Training videos for claimants and employing units published on the department’s website.
(b) Live training seminars for employing units that are free of charge and provided on a quarterly basis.
The seminars may be in-person, online, or both.
S ECTION 3.
108.14 (28) of the statutes is created to read:
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108.14 (28) If the department suspends or reduces any method used by the department to detect fraud committed against the unemployment insurance program under this chapter, the department shall submit a notification detailing the suspension or reduction and the reasons therefor to the council on - 2026 Legislature - 4 - LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 SECTION 3 unemployment insurance, the governor, and the appropriate standing committees of the legislature under s.
S ECTION 4.
(a) The measures require a claimant to verify his or S ECTION 4.
108.14 (29) of the statutes is created to read:
108.14 (29) of the statutes is created to her identity prior to filing an initial claim for benefits read:
108.14 (29) (a) The department shall maintain a call center to provide assistance and support by telephone to claimants for benefits under this chapter or payments under federal assistance programs for unemployment.
and when engaging in other transactions with the 108.14 (29) (a) The department shall maintain a call department.
center to provide assistance and support by telephone to (b) The measures achieve the IAL2 and AAL2 stan- dards adopted in the National Institute of Standards and claimants for benefits under this chapter or payments under federal assistance programs for unemployment.
Technology[s Digital Identity Guidelines.
The department shall, during each of the following periods, operate the call center with hours of at least 9 a.m.
The department shall, during each of the fol- SECTION 2.
108.14 (23m) of the statutes is created lowing periods, operate the call center with hours of at to read:
108.14 (23m) The department shall provide training least 9 a.m.
a.
materials on the unemployment insurance system, in- a.
During a declared state of emergency for the state that causes or relates to an increase in unemployment claims.
During a declared state of emergency for the state cluding all of the following:
b.
that causes or relates to an increase in unemployment claims.
For 90 days after any week in which the call center experiences an increase of at least 100 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.
(a) Training videos for claimants and employing b.
For 90 days after any week in which the call cen- units published on the department[s website.
(b) Live training seminars for employing units that ter experiences an increase of at least 100 percent in are free of charge and provided on a quarterly basis.
The calls compared to the same week during the previous seminars may be in-person, online, or both.
year, and for 90 days after each subsequent week in SECTION 3.
108.14 (28) of the statutes is created to which such an increase occurs.
read:
The department shall, during each of the following periods, operate the call center with hours after 5 p.m.
The department shall, during each of the follow- ernor'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.Y Wisconsin Act - 2 - 2025 Assembly Bill 168 ing periods, operate the call center with hours after 5 6.
Databases maintained by the U.S.
Immigration p.m.
and Customs Enforcement.
During a declared state of emergency for the state that causes or relates to an increase in unemployment claims.
During a declared state of emergency for the state (b) The department may perform comparisons of that causes or relates to an increase in unemployment recipients of benefits under this chapter against public claims.
or private databases in addition to those specified in par.
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.
For 90 days after any week in which the call cen- (a) 1.
S ECTION 5.
to 6.
108.14 (30) of the statutes is created to read:
ter experiences an increase of at least 300 percent in S ECTION 6.
108.14 (30) (a) The department shall, on at least a weekly basis, perform a - 2026 Legislature - 5 - LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 SECTION 5 comparison of recipients of benefits under this chapter against all of the following for the purpose of detecting fraud or erroneous payments:
939.74 (2) (d) of the statutes is created calls compared to the same week during the previous to read:
1.
year, and for 90 days after each subsequent week in 939.74 (2) (d) A prosecution for a felony violation which such an increase occurs.
Nationally recognized databases that contain information on death records, including the federal social security administration’s death master file.
under s.
108.24 (1) or (2) or under any other statute un- SECTION 5.
108.14 (30) of the statutes is created to der which a person is prosecuted for fraud in obtaining read:
108.14 (30) (a) The department shall, on at least a unemployment insurance benefits, benefits under the pandemic unemployment assistance program under 15 weekly basis, perform a comparison of recipients of USC 9021, benefits under the federal pandemic unem- benefits under this chapter against all of the following ployment compensation and mixed earner unemploy- for the purpose of detecting fraud or erroneous payments:
ment compensation programs under 15 USC 9023, or 1.
Nationally recognized databases that contain in- benefits under the pandemic emergency unemployment compensation program under 15 USC 9025 must be formation on death records, including the federal social commenced within 8 years after the commission of the security administration[s death master file.
The National Association of State Workforce Agencies’ integrity data hub.
The National Association of State Workforce violation if the violation is related to benefits that were Agencies[ integrity data hub.
paid or payable on or before September 4, 2021.
The national directory of new hires maintained by the office of child support enforcement in the U.S.
The national directory of new hires maintained by S ECTION 7.
department of health and human services.
4.
Prisoner databases maintained by the department of justice, the department of corrections, and the U.S.
department of justice.
5.
The U.S.
Citizenship and Immigration Services Secure Automated Verification of Eligibility database.
6.
Databases maintained by the U.S.
Immigration and Customs Enforcement.
(b) The department may perform comparisons of recipients of benefits under this chapter against public or private databases in addition to those specified in par.
(a) 1.
to 6.
S ECTION 6.
939.74 (2) (d) of the statutes is created to read:
939.74 (2) (d) A prosecution for a felony violation under s.
108.24 (1) or (2) or under any other statute under which a person is prosecuted for fraud in obtaining unemployment insurance benefits, benefits under the pandemic unemployment assistance program under 15 USC 9021, benefits under the federal pandemic unemployment compensation and mixed earner unemployment compensation programs under 15 USC 9023, or benefits under the pandemic emergency unemployment compensation program under 15 USC 9025 must be commenced - 2026 Legislature - 6 - LRB-1537/1 MED&CMH:cdc ASSEMBLY BILL 168 S ECTION 6 within 8 years after the commission of the violation if the violation is related to benefits that were paid or payable on or before September 4, 2021.
SECTION 7.
939.74 (2) (d) first applies to an act for which the time limit under s.
the office of child support enforcement in the U.S.
939.74 (1) for prosecution has not expired as of the effective date of this subsection.
de- partment of health and human services.
SECTION 8.
939.74 (2) (d) first applies to an act for which the time 4.
Prisoner databases maintained by the department limit under s.
939.74 (1) for prosecution has not expired of justice, the department of corrections, and the U.S.
as of the effective date of this subsection.
department of justice.
S ECTION 8.
(1) This act takes effect on the Sunday after publication.
5.
END )
The U.S.
Citizenship and Immigration Services (1) This act takes effect on the Sunday after Secure Automated Verification of Eligibility database.
publication.
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