2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 153
April 7, 2023 - Introduced by Representatives DALLMAN, BROOKS, ALLEN, BEHNKE,
BINSFELD, BODDEN, DITTRICH, GREEN, GUNDRUM, KNODL, MAGNAFICI, MOSES,
MURPHY, O'CONNOR, PENTERMAN, PETERSEN, PLUMER, RETTINGER, ROZAR,
SORTWELL, WICHGERS and WITTKE, cosponsored by Senators FEYEN, BRADLEY,
FELZKOWSKI, MARKLEIN and STROEBEL. Referred to Committee on Workforce
Development and Economic Opportunities.
1 AN ACT to renumber and amend 108.142 (4); to amend 108.06 (1); and to
2 create 108.06 (1m) and 227.01 (13) (yL) of the statutes; relating to: the
3 amount of benefits received 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
unemployment rate.
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 available to claimants is
determined monthly, based upon the unemployment rate using the most recently
available federal data. 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 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
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ASSEMBLY BILL 153
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
7 108.142, if a claimant's base period wages are reduced or canceled under s. 108.04
8 (5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not
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ASSEMBLY BILL 153 SECTION 1
1 receive total benefits based on employment in a base period greater than 26 times
2 the number of weeks determined under sub. (1m) multiplied by the claimant's
3 weekly benefit rate under s. 108.05 (1) or 40 percent of the base period wages not
4 reduced, canceled or suspended which were paid or payable to the claimant,
5 whichever is lower.
6 SECTION 2. 108.06 (1m) of the statutes is created to read:
7 108.06 (1m) (a) 1. The department shall, on a monthly basis, determine the
8 maximum number of weeks of regular benefits available to claimants under sub. (1)
9 in accordance with this paragraph. Each such determination shall apply to benefit
10 years that begin in the month to which that determination applies. For benefit years
11 to which each determination applies, the maximum number of weeks of regular
12 benefits is as follows: [See Figure 108.06 (1m) (a) 1. following]
13 Figure 108.06 (1m) (a) 1.:
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
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
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ASSEMBLY BILL 153 SECTION 2
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 2. The department shall make the determinations under this paragraph using
2 the most recently available statewide, seasonally adjusted data from the current
3 employment statistics program published by the the bureau of labor statistics for the
4 U.S. department of labor, including preliminary estimates.
5 (b) The maximum number of weeks of regular benefits payable to a claimant
6 under sub. (1) in the first week of the claimant's benefit year remains the same
7 regardless of the maximum number of weeks of regular benefits in effect in any
8 subsequent week that benefits become payable to the claimant.
9 (c) The department shall publish on its website a notice about the maximum
10 number of weeks of regular benefits available as calculated in accordance with this
11 subsection.
12 SECTION 3. 108.142 (4) of the statutes is renumbered 108.142 (4) (intro.) and
13 amended to read:
14 108.142 (4) DURATION OF WISCONSIN SUPPLEMENTAL BENEFITS. (intro.) During
15 a Wisconsin supplemental benefit period, no claimant may receive total benefits
16 based on employment in a base period greater than 34 times whichever of the
17 following is lower:
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ASSEMBLY BILL 153 SECTION 3
1 (a) The sum of the number of weeks determined under s. 108.06 (1m) and 8,
2 multiplied by the claimant's weekly benefit rate under s. 108.05 (1) or 40.
3 (b) Forty percent of wages paid or payable to the claimant in his or her base
4 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 June 30, 2024.
13 (END)


Statutes affected:
Bill Text: 108.06(1), 108.06