This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
MED:cjs
2021 - 2022 LEGISLATURE
May 25, 2021 - Introduced by Joint Committee for Review of Administrative
Rules
. Referred to Committee on Labor and Regulatory Reform.
SB378,1,4 1An Act to amend 108.04 (2) (bb) (intro.) and 108.04 (2) (bd) (intro.); and to create
2108.04 (2) (be) of the statutes; relating to: work search requirements for
3unemployment insurance and the suspension of a rule of the Department of
4Workforce Development.
Analysis by the Legislative Reference Bureau
Under current law, a claimant for UI benefits is generally required to search for
work each week in order to remain eligible, but the Department of Workforce
Development is required to waive these requirements under certain circumstances.
Under current law, DWD has limited rule-making authority to modify the
availability of waivers or establish additional waivers if necessary to comply with a
requirement under federal law or if specifically allowed under federal law. DWD has,
by emergency rule, waived the work search requirement for all claimants to respond
to the spread of COVID-19.
This bill prohibits DWD from waiving the work search requirement for any
reason that is related to COVID-19 or the the COVID-19 pandemic or a public health
emergency that is in response to or otherwise related to COVID-19.
The bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending
DWD emergency rule 2106 on May 19, 2021. The suspended emergency rule provided

for a waiver of the work search requirement and addressed provisions governing
claimants being able to work and available for work in order to claim UI benefits.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB378,1 1Section 1 . 108.04 (2) (bb) (intro.) of the statutes is amended to read:
SB378,2,42 108.04 (2) (bb) (intro.) The department shall, except as provided under par.
3pars. (bd) and (be), waive the work search requirement under par. (a) 3. if any of the
4following applies:
SB378,2 5Section 2. 108.04 (2) (bd) (intro.) of the statutes is amended to read:
SB378,2,86 108.04 (2) (bd) (intro.) The Except as provided in par. (be), the department may,
7by rule, do any of the following if doing so is necessary to comply with a requirement
8under federal law or is specifically allowed under federal law:
SB378,3 9Section 3. 108.04 (2) (be) of the statutes is created to read:
SB378,2,1010 108.04 (2) (be) 1. In this paragraph:
SB378,2,1111 a. “COVID-19” means the SARS-CoV-2 virus and any related disease.
SB378,2,1512 b. “Public health emergency” includes any public health emergency declared
13under s. 323.10, including any extension, any action by the department of health
14services under ch. 252, any federally declared emergency, or any period in which this
15state has been the subject of a major disaster declaration.
SB378,2,1916 2. The department may not waive the work search requirement under par. (a)
173. for any reason that is related to COVID-19 or the COVID-19 pandemic or a public
18health emergency that is in response to or otherwise related to COVID-19 or the
19COVID-19 pandemic.
SB378,4 20Section 4. Initial applicability.
SB378,3,2
1(1) The treatment of s. 108.04 (2) (bb) (intro.), (bd) (intro.), and (be) first applies
2to weeks of unemployment beginning on the first Sunday after publication.
SB378,3,33 (End)
Loading...
Loading...