2021 - 2022 LEGISLATURE
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2021 ASSEMBLY BILL 937
January 31, 2022 - Introduced by Representatives DALLMAN, VORPAGEL, WITTKE,
ALLEN, ARMSTRONG, AUGUST, BRANDTJEN, CABRAL-GUEVARA, CALLAHAN,
DITTRICH, DUCHOW, EDMING, JAMES, KATSMA, KITCHENS, KNODL, KRUG,
KUGLITSCH, MAGNAFICI, MOSES, PENTERMAN, PETERSEN, PLUMER, SCHRAA,
SNYDER, SORTWELL, STEFFEN, TUSLER, ZIMMERMAN and BORN, cosponsored by
Senators FEYEN, BERNIER, FELZKOWSKI, MARKLEIN and STROEBEL. Referred to
Committee on Workforce Development.
1 AN ACT to amend 108.06 (1) and 108.142 (4); and to create 108.06 (1m) and
2 227.01 (13) (yL) of the statutes; relating to: the amount of benefits received
3 under the unemployment insurance law.
Analysis by the Legislative Reference Bureau
This bill changes the maximum number of weeks of regular unemployment
insurance (UI) benefits payable to an eligible claimant who is totally unemployed to
an amount that varies depending upon the seasonally adjusted statewide average
unemployment rate for the first or third calendar quarter immediately preceding the
beginning of the claimant's benefit year.
Currently, the maximum number of weeks of regular UI benefits payable to an
eligible claimant who is totally unemployed and who earns sufficient wages to
qualify for those benefits is fixed at 26 weeks.
Under the bill, the maximum number of weeks for claimants whose benefit
years begin during the first half of a given year is based upon the unemployment rate
for the third quarter of the preceding year, and the maximum number of weeks for
claimants whose benefit years begin during the second half of a given year is based
upon the unemployment rate for the first quarter of that year. Once a claimant
begins a benefit year, the claimant's maximum number of weeks of regular benefits
is fixed for that benefit year. Because the maximum number of weeks of state
supplemental benefits payable to a claimant is calculated in part based upon the
maximum number of weeks of regular benefits payable to a claimant, the change also
affects the maximum number of weeks of state supplemental benefits payable to a
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ASSEMBLY BILL 937
claimant. Under the bill, the maximum number of weeks of regular benefits for total
unemployment is determined as follows:
Statewide unemployment rate Maximum weeks of benefits
Greater than 9.0 percent 26
Greater than 8.5 percent but less than or 25
equal to 9.0 percent
Greater than 8.0 percent but less than or 24
equal to 8.5 percent
Greater than 7.5 percent but less than or 23
equal to 8.0 percent
Greater than 7.0 percent but less than or 22
equal to 7.5 percent
Greater than 6.5 percent but less than or 21
equal to 7.0 percent
Greater than 6.0 percent but less than or 20
equal to 6.5 percent
Greater than 5.5 percent but less than or 19
equal to 6.0 percent
Greater than 5.0 percent but less than or 18
equal to 5.5 percent
Greater than 4.5 percent but less than or 17
equal to 5.0 percent
Greater than 4.0 percent but less than or 16
equal to 4.5 percent
Greater than 3.5 percent but less than or 15
equal to 4.0 percent
Less than or equal to 3.5 percent 14
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:
1 SECTION 1. 108.06 (1) of the statutes is amended to read:
2 108.06 (1) Except as provided in sub. (6) and ss. 108.141 and 108.142, no
3 claimant may receive total benefits based on employment in a base period greater
4 than 26 times the number of weeks determined under sub. (1m) multiplied by the
5 claimant's weekly benefit rate under s. 108.05 (1) or 40 percent of the claimant's base
6 period wages, whichever is lower. Except as provided in sub. (6) and ss. 108.141 and
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ASSEMBLY BILL 937 SECTION 1
1 108.142, if a claimant's base period wages are reduced or canceled under s. 108.04
2 (5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not
3 receive total benefits based on employment in a base period greater than 26 times
4 the number of weeks determined under sub. (1m) multiplied by the claimant's
5 weekly benefit rate under s. 108.05 (1) or 40 percent of the base period wages not
6 reduced, canceled or suspended which were paid or payable to the claimant,
7 whichever is lower.
8 SECTION 2. 108.06 (1m) of the statutes is created to read:
9 108.06 (1m) (a) The department shall determine the maximum number of
10 weeks of regular benefits under sub. (1) by calculating for the first and 3rd quarter
11 of each year the average of the seasonally adjusted statewide unemployment rates
12 for the months in the quarter, as determined by the bureau of labor statistics for the
13 U.S. department of labor. For claimants whose benefit years begin on or after
14 January 1 and before July 1 of any year, the department shall make the
15 determination by using the 3rd calendar quarter of the preceding year. For
16 claimants whose benefit years begin after June 30 and on or before December 31 of
17 any year, the department shall make the determination by using the first calendar
18 quarter of that year. For benefit years to which each determination applies, the
19 maximum number of weeks of regular benefits is as follows: [See Figure 108.06 (1m)
20 (a) following]
21 Figure 108.06 (1m) (a):
Statewide average unemployment rate Maximum weeks of benefits
Greater than 9.0 percent 26
Greater than 8.5 percent but less than or 25
equal to 9.0 percent
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ASSEMBLY BILL 937 SECTION 2
Greater than 8.0 percent but less than or 24
equal to 8.5 percent
Greater than 7.5 percent but less than or 23
equal to 8.0 percent
Greater than 7.0 percent but less than or 22
equal to 7.5 percent
Greater than 6.5 percent but less than or 21
equal to 7.0 percent
Greater than 6.0 percent but less than or 20
equal to 6.5 percent
Greater than 5.5 percent but less than or 19
equal to 6.0 percent
Greater than 5.0 percent but less than or 18
equal to 5.5 percent
Greater than 4.5 percent but less than or 17
equal to 5.0 percent
Greater than 4.0 percent but less than or 16
equal to 4.5 percent
Greater than 3.5 percent but less than 4.0 15
percent
Less than or equal to 3.5 percent 14
1 (b) The maximum number of weeks of regular benefits payable to a claimant
2 under sub. (1) in the first week of the claimant's benefit year remains the same
3 regardless of the maximum number of weeks of regular benefits in effect in any
4 subsequent week that benefits become payable to the claimant.
5 (c) The department shall publish on its Internet site a notice about the
6 maximum number of weeks of regular benefits available as calculated in accordance
7 with this subsection.
8 SECTION 3. 108.142 (4) of the statutes is amended to read:
9 108.142 (4) DURATION OF WISCONSIN SUPPLEMENTAL BENEFITS. During a
10 Wisconsin supplemental benefit period, no claimant may receive total benefits based
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ASSEMBLY BILL 937 SECTION 3
1 on employment in a base period greater than 34 times the sum of the number of
2 weeks determined under s. 108.06 (1m) and 8, multiplied by the claimant's weekly
3 benefit rate under s. 108.05 (1) or 40 percent of wages paid or payable to the claimant
4 in his or her base period under s. 108.04 (4) (a), whichever is lower.
5 SECTION 4. 227.01 (13) (yL) of the statutes is created to read:
6 227.01 (13) (yL) Determines, under s. 108.06 (1m), the maximum number of
7 weeks of regular unemployment insurance benefits available under s. 108.06 (1).
8 SECTION 5.0Initial applicability.
9 (1) This act first applies with respect to benefit years established on the
10 effective date of this subsection.
11 SECTION 6.0Effective date.
12 (1) This act takes effect on July 3, 2022.
13 (END)


Statutes affected:
Text as Enrolled: 108.06(1), 108.06, 108.142(4), 108.142
Bill Text: 108.06(1), 108.06, 108.142(4), 108.142