2023 - 2024 LEGISLATURE
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2023 SENATE BILL 232
April 14, 2023 - Introduced by Senators QUINN and FELZKOWSKI, cosponsored by
Representatives PETRYK, ALLEN, ARMSTRONG, BEHNKE, BODDEN, BORN, BROOKS,
DALLMAN, DITTRICH, DUCHOW, EDMING, GREEN, GUNDRUM, MACCO, MAGNAFICI,
MICHALSKI, MOSES, MURSAU, NEDWESKI, O'CONNOR, OLDENBURG, PENTERMAN,
PETERSEN, PLUMER, RETTINGER, SCHMIDT, WICHGERS, WITTKE and STEFFEN.
Referred to Committee on Economic Development and Technical Colleges.
1 AN ACT to renumber and amend 108.04 (2) (a) 4., 108.04 (15) (a) 2. and 108.13
2 (4) (a) 4.; to consolidate, renumber and amend 108.04 (15) (a) (intro.) and
3 1.; to amend 20.445 (1) (aL), 20.445 (1) (gd), 20.445 (1) (nd), 40.02 (22) (b) 3.,
4 40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a) 3. c., 71.67 (7) (title), 105.01 (1)
5 (b) 1., 105.115 (2) (b), 105.115 (2) (c), 105.115 (3) (a) 1., 105.115 (4) (b) 1., 105.115
6 (4) (b) 3., 106.38 (3) (c) 3., 108.04 (2) (a) 3., 108.04 (12) (b), 108.133 (2) (a) (intro.),
7 108.133 (2) (am), 108.14 (1), 108.141 (1) (b) 3., 108.142 (1) (h) 3., 108.19 (1m),
8 111.39 (4) (c), 230.43 (4), 230.85 (3) (d) and 779.01 (2) (am); to repeal and
9 recreate chapter 108 (title); and to create 15.223 (2), 108.01 (2m), 108.013,
10 108.02 (21r), 108.04 (2) (a) 4. c., 108.04 (2) (a) 5., 108.04 (15) (a) 2. b., 108.04 (15)
11 (am) and (ao) and 108.14 (8o) of the statutes; relating to: various changes to
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SENATE BILL 232
1 the unemployment insurance law, federal Reemployment Services and
2 Eligibility Assessment grants, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the unemployment insurance (UI) law,
which is administered by the Department of Workforce Development. Significant
changes include all of the following:
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. 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.
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.
The bill does the following:
1. 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.
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
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
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SENATE BILL 232
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. The 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.
The 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.
The bill requires that DWD act to continue to participate in the RESEA
program and requires DWD to provide certain RESEA services to all UI claimants.
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. 15.223 (2) of the statutes is created to read:
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SENATE BILL 232 SECTION 1
1 15.223 (2) DIVISION OF REEMPLOYMENT ASSISTANCE. There is created in the
2 department of workforce development a division of reemployment assistance.
3 SECTION 2. 20.445 (1) (aL) of the statutes is amended to read:
4 20.445 (1) (aL) Unemployment insurance Reemployment assistance
5 administration; controlled substances testing and substance abuse treatment.
6 Biennially, the amounts in the schedule for conducting screenings of applicants,
7 testing applicants for controlled substances, the provision of substance abuse
8 treatment to applicants and claimants, and related expenses under s. 108.133.
9 Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each
10 odd-numbered year shall be transferred to the unemployment reemployment
11 assistance program integrity fund.
12 SECTION 3. 20.445 (1) (gd) of the statutes is amended to read:
13 20.445 (1) (gd) Unemployment Reemployment assistance; interest and penalty
14 payments. All moneys received as interest and penalties collected under ss. 108.04
15 (11) (c) and (cm) and (13) (c) and 108.22 except interest and penalties deposited under
16 s. 108.19 (1q), and forfeitures under s. 103.05 (5), all moneys not appropriated under
17 par. (gg) and all moneys transferred to this appropriation account from the
18 appropriation account under par. (gh) for the payment of benefits specified in s.
19 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest
20 to employers under s. 108.17 (3m), for research relating to the condition of the
21 unemployment reserve fund under s. 108.14 (6), for administration of the
22 unemployment insurance reemployment assistance program and federal or state
23 unemployment insurance reemployment assistance programs authorized by the
24 governor under s. 16.54, for satisfaction of any federal audit exception concerning a
25 payment from the unemployment reserve fund or any federal aid disallowance
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SENATE BILL 232 SECTION 3
1 concerning the unemployment insurance reemployment assistance program, for
2 assistance to the department of justice in the enforcement of ch. 108, for the payment
3 of interest due on advances from the federal unemployment account under title XII
4 of the social security act to the unemployment reserve fund, and for payments made
5 to the unemployment reserve fund to obtain a lower interest rate or deferral of
6 interest payments on these advances, except as otherwise provided in s. 108.20.
7 SECTION 4. 20.445 (1) (nd) of the statutes is amended to read:
8 20.445 (1) (nd) Unemployment Reemployment assistance administration;
9 apprenticeship and other employment services. From the moneys received from the
10 federal government under section 903 (d) of the federal Social Security Act, as
11 amended, the amounts in the schedule, as authorized by the governor under s. 16.54,
12 to be used for administration by the department of apprenticeship programs under
13 subch. I of ch. 106 and for administration and service delivery of employment and
14 workforce information services, including the delivery of reemployment assistance
15 services to unemployment insurance reemployment assistance claimants. All
16 moneys transferred from par. (n) for this purpose shall be credited to this
17 appropriation account. No moneys may be expended from this appropriation unless
18 the treasurer of the unemployment reserve fund determines that such expenditure
19 is currently needed for the purposes specified in this paragraph.
20 SECTION 5. 40.02 (22) (b) 3. of the statutes is amended to read:
21 40.02 (22) (b) 3. Unemployment insurance or reemployment assistance
22 benefits.
23 SECTION 6. 40.65 (5) (b) 2. of the statutes is amended to read:
24 40.65 (5) (b) 2. Any unemployment insurance or reemployment assistance
25 benefit payable to the participant because of his or her work record.
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SENATE BILL 232 SECTION 7
1 SECTION 7. 49.147 (3) (ac) 2. of the statutes is amended to read:
2 49.147 (3) (ac) 2. State and federal unemployment reemployment assistance
3 contributions or federal unemployment taxes.
4 SECTION 8. 49.163 (3) (a) 3. c. of the statutes is amended to read:
5 49.163 (3) (a) 3. c. State reemployment assistance contributions and federal
6 unemployment insurance contributions or taxes, if any.
7 SECTION 9. 71.67 (7) (title) of the statutes is amended to read:
8 71.67 (7) (title) WITHHOLDING FROM UNEMPLOYMENT COMPENSATION INSURANCE
9 REEMPLOYMENT ASSISTANCE.
10 SECTION 10. 105.01 (1) (b) 1. of the statutes is amended to read:
11 105.01 (1) (b) 1. The person employing the individuals in addition to wages or
12 salaries pays federal social security taxes, state reemployment assistance
13 contributions, and federal unemployment contributions or taxes, carries worker's
14 compensation insurance as required by state law, and maintains liability insurance
15 covering the acts of its employees while rendering services to, for or under the
16 direction of a 3rd person; and
17 SECTION 11. 105.115 (2) (b) of the statutes is amended to read:
18 105.115 (2) (b) A statement of the employment status of the home care worker,
19 specifically, whether the home care worker is an employee of the home care
20 placement agency or of the home care consumer or is an independent contractor and
21 a statement identifying which party is responsible for paying the wages or salary of
22 the home care worker, paying federal social security taxes and state reemployment
23 assistance contributions and federal unemployment contributions or taxes with
24 respect to the home care worker, and procuring worker's compensation or liability
25 insurance covering injury to the home care worker.
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SENATE BILL 232 SECTION 12
1 SECTION 12. 105.115 (2) (c) of the statutes is amended to read:
2 105.115 (2) (c) A statement that, notwithstanding the employment status of the
3 home care worker specified in the notice, the home care consumer may be determined
4 to be the employer of the home care worker for purposes of certain state and federal
5 labor laws and that, if that is the case, the home care consumer may be held
6 responsible for paying the wages or salary of the home care worker, paying federal
7 social security taxes and state reemployment assistance contributions and federal
8 unemployment contributions or taxes with respect to the home care worker,
9 procuring worker's compensation or liability insurance covering injury to the home
10 care worker, and complying with various other state and federal labor laws.
11 SECTION 13. 105.115 (3) (a) 1. of the statutes is amended to read:
12 105.115 (3) (a) 1. A statement identifying which party is responsible for paying
13 the wages or salary of the home care worker, paying federal social security taxes and
14 state reemployment assistance contributions and federal unemployment
15 contributions or taxes with respect to the home care worker, and procuring worker's
16 compensation or liability insurance covering injury to the home care worker.
17 SECTION 14. 105.115 (4) (b) 1. of the statutes is amended to read:
18 105.115 (4) (b) 1. If the department finds that a home care placement agency
19 has failed to provide a home care consumer with the notice required under sub. (2)
20 and that the home care consumer is liable for the payment of federal social security
21 taxes or state reemployment assistance contributions or federal unemployment
22 contributions or taxes with respect to the home care worker, for the provision of
23 worker's compensation or liability insurance covering injury to the home care
24 worker, for the payment of any fine or penalty imposed on the home care consumer
25 for noncompliance with any state or federal labor law with respect to the home care
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SENATE BILL 232 SECTION 14
1 worker, or for any injury to the home care worker, the department may recover from
2 the home care placement agency, on behalf of the home care consumer, an amount
3 equal to the total cost of those liabilities.
4 SECTION 15. 105.115 (4) (b) 3. of the statutes is amended to read:
5 105.115 (4) (b) 3. In the case of a home care consumer who commences an action
6 in circuit court under par. (a), if the circuit court finds that the home care placement
7 agency has failed to provide the home care consumer with the notice required under
8 sub. (2) and that the home care consumer is liable for the payment of federal social
9 security taxes or state reemployment assistance contributions or federal
10 unemployment contributions or taxes with respect to the home care worker, for the
11 provision of worker's compensation or liability insurance covering injury to the home
12 care worker, for the payment of any fine or penalty imposed on the home care