AB50-ASA2-AA6,154,2
1(1) Human resources administration; general programs operations 2appropriation. AB50-ASA2-AA6,154,103(a) In the schedule under s. 20.005 (3) for the appropriation to the department 4of administration under s. 20.505 (1) (kz), the dollar amount for fiscal year 2025-26 5is increased by $223,000 to increase the number of authorized FTE positions in the 6department of administration by 3.0 PR-S positions for the purpose of addressing 7workload issues associated with an increase in human resources transactions. In 8the schedule under s. 20.005 (3) for the appropriation to the department of 9administration under s. 20.505 (1) (kz), the dollar amount for fiscal year 2026-27 is 10increased by $297,600 for the positions authorized under this paragraph. AB50-ASA2-AA6,154,1711(b) In the schedule under s. 20.005 (3) for the appropriation to the department 12of administration under s. 20.505 (1) (kz), the dollar amount for fiscal year 2025-26 13is increased by $27,000 for supplies and services involved in human resources 14transactions. In the schedule under s. 20.005 (3) for the appropriation to the 15department of administration under s. 20.505 (1) (kz), the dollar amount for fiscal 16year 2026-27 is increased by $36,600 for supplies and services involved in human 17resources transactions. AB50-ASA2-AA6,154,2118(c) In the schedule under s. 20.005 (3) for the appropriation to the department 19of administration under s. 20.505 (1) (kz), the dollar amount for fiscal year 2025-26 20is increased by $159,000 for the purpose of one-time financing associated with 21human resources. AB50-ASA2-AA6,154,2322(2) Human resources administration; legal services and relocation 23assistance appropriation. AB50-ASA2-AA6,155,724(a) In the schedule under s. 20.005 (3) for the appropriation to the department
1of administration under s. 20.505 (1) (kr), the dollar amount for fiscal year 2025-26 2is increased by $79,600 to increase the authorized FTE positions by 1.0 PR-S 3position in the department of administration for the purpose of addressing 4workload issues associated with an increase in human resources transactions. In 5the schedule under s. 20.005 (3) for the appropriation to the department of 6administration under s. 20.505 (1) (kr), the dollar amount for fiscal year 2026-27 is 7increased by $106,100 for the position authorized under this paragraph. AB50-ASA2-AA6,155,148(b) In the schedule under s. 20.005 (3) for the appropriation to the department 9of administration under s. 20.505 (1) (kr), the dollar amount for fiscal year 2025-26 10is increased by $9,000 for supplies and services involved in human resources 11transactions. In the schedule under s. 20.005 (3) for the appropriation to the 12department of administration under s. 20.505 (1) (kr), the dollar amount for fiscal 13year 2026-27 is increased by $12,000 for supplies and services involved in human 14resources transactions. AB50-ASA2-AA6,155,1815(c) In the schedule under s. 20.005 (3) for the appropriation to the department 16of administration under s. 20.505 (1) (kr), the dollar amount for fiscal year 2025-26 17is increased by $3,000 for the purpose of one-time financing associated with human 18resources. AB50-ASA2-AA6,155,2019(3) Human resources administration; uses of new positions and one-20time funding. AB50-ASA2-AA6,156,421(a) Three positions authorized under subs. (1) (a) and (2) (a) shall be allocated 22to the division of personnel management within the department of administration 23as follows: 2.0 FTE executive human resources-specialist-senior positions assigned 24to the bureau of classification and compensation, 1.0 FTE Information Services
1business automation specialist assigned to the bureau of human resources 2information system administration and management. One FTE position shall be 3allocated as 1.0 attorney position to the Division of Legal Services to support 4human resources compliance efforts. AB50-ASA2-AA6,156,75(b) The department of administration shall allocate at least $150,000 of the 6amounts provided under subs. (1) (c) and (2) (c) to contract with an external vendor 7to analyze the personnel recruitment strategies and needs of the state.”. AB50-ASA2-AA6,156,159“Section 333. 20.005 (3) (schedule) of the statutes: at the appropriate place, 10insert the following amounts for the purposes indicated: AB50-ASA2-AA6,156,201820.445 (1) (am) Unemployment insurance; general administration. As a 19continuing appropriation, the amounts in the schedule for administration of ch. 20108. AB50-ASA2-AA6,33621Section 336. 49.791 (4) (f) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,157,52249.791 (4) (f) Accepting test results from other programs. (intro.) For purposes 23of this section, an administering agency may use results of a drug test performed by
1the administering agency for the purpose of eligibility for another state program, 2including a work experience program under s. 49.162, or 49.36, or 108.133, 3performed at the request of the department of corrections, or performed by other 4drug testing providers as approved by the department to determine whether to 5refer an able-bodied adult to treatment if all of the following apply: AB50-ASA2-AA6,157,107102.43 (9) (e) The employee’s employment with the employer has been 8suspended or terminated due to misconduct, as defined in s. 108.04 (5), or 9substantial fault, as defined in s. 108.04 (5g) (a), by the employee connected with 10the employee’s work. AB50-ASA2-AA6,157,1713108.022 Electronic payments and filings; good cause. For purposes of 14requirements to use electronic filing, payment, or interchange methods specified 15under ss. 108.14 (2e), 108.17 (2b) and (7) (a), 108.185, and 108.205 (2), good cause 16for not using such method includes all of the following, as determined by the 17department: AB50-ASA2-AA6,157,1818(1) Having limited or no Internet access. AB50-ASA2-AA6,157,1919(2) Having digital literacy limitations. AB50-ASA2-AA6,157,2220(3) Having communication barriers, such as having a vision or other 21disability that prevents the ease of using the electronic method or having limited or 22no English proficiency. AB50-ASA2-AA6,157,2423(4) The presence of other circumstances that make use of the electronic 24method unusually difficult for the person, as determined by the department. AB50-ASA2-AA6,340
1Section 340. 108.04 (2) (a) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,158,42108.04 (2) (a) (intro.) Except as provided in pars. par. (b) to (bd), sub. (16) (am) 3and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a 4claimant is eligible for benefits as to any given week only if all of the following apply: AB50-ASA2-AA6,3415Section 341. 108.04 (2) (a) 3. of the statutes is repealed and recreated to 6read: AB50-ASA2-AA6,158,197108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work 8during that week and provides verification of that search to the department. The 9search for suitable work must include at least 4 actions per week that constitute a 10reasonable search as prescribed by rule of the department. In addition, the 11department may, by rule, require a claimant to take more than 4 reasonable work 12search actions in any week. The department shall require a uniform number of 13reasonable work search actions for similar types of claimants. This subdivision 14does not apply to a claimant if the department determines that the claimant is 15currently laid off from employment with an employer but there is a reasonable 16expectation of reemployment of the individual by that employer. In determining 17whether the claimant has a reasonable expectation of reemployment by an 18employer, the department shall request the employer to verify the claimant’s 19employment status and shall consider all of the following: AB50-ASA2-AA6,158,2020a. The history of layoffs and reemployments by the employer. AB50-ASA2-AA6,158,2221b. Any information that the employer furnished to the claimant or the 22department concerning the claimant’s anticipated reemployment date. AB50-ASA2-AA6,159,2
1c. Whether the claimant has recall rights with the employer under the terms 2of any applicable collective bargaining agreement. AB50-ASA2-AA6,3423Section 342. 108.04 (2) (b) of the statutes is repealed and recreated to read: AB50-ASA2-AA6,159,64108.04 (2) (b) 1. The department may, by rule, establish waivers from the 5registration for work requirement under par. (a) 2. and the work search 6requirement under par. (a) 3. AB50-ASA2-AA6,159,1672. a. The department may promulgate rules under subd. 1. as emergency 8rules, using the procedure under s. 227.24, if the secretary of workforce 9development determines that the waiver is needed only on a temporary basis or that 10permanent rules are not warranted. Notwithstanding s. 227.24 (1) (a) and (3), the 11department is not required to provide evidence that promulgating a rule under this 12subd. 2. a. as an emergency rule is necessary for the preservation of the public 13peace, health, safety, or welfare and is not required to provide a finding of 14emergency for a rule promulgated under this subd. 2. a. Except as provided under 15subd. 2. b., a rule promulgated under this subd. 2. a. remains in effect only for 150 16days. AB50-ASA2-AA6,159,2317b. Notwithstanding s. 227.24 (2), the secretary of workforce development may 18extend the effective period of an emergency rule promulgated under subd. 2. a. for a 19period specified by the secretary not to exceed 60 days. Any number of extensions 20may be granted under this subd. 2. b. Whenever the secretary extends an 21emergency rule under this subd. 2. b., it shall file a statement of its action with the 22legislative reference bureau. The statement shall identify the specific emergency 23rule to which it relates. AB50-ASA2-AA6,160,103108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for 4which there is a determination that the claimant failed to comply with the 5registration for work and work search requirements under par. (a) 2. or 3. or failed 6to provide verification to the department that the claimant complied with those 7requirements, unless the department has waived those requirements under par. 8(b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a 9claimant for any such week, the department may recover the overpayment under s. 10108.22. AB50-ASA2-AA6,160,1812108.04 (2) (h) A claimant shall, when the claimant first files a claim for 13benefits under this chapter and during each subsequent week the claimant files for 14benefits under this chapter, inform the department whether he or she is receiving 15social security disability insurance payments, as defined in sub. (12) (f) 2m s. 16108.05 (7m) (b). If the claimant is receiving social security disability insurance 17payments, the claimant shall, in the manner prescribed by the department, report 18to the department the amount of the social security disability insurance payments. AB50-ASA2-AA6,34820Section 348. 108.04 (5) (intro.) of the statutes is renumbered 108.04 (5) (cm) 21and amended to read: AB50-ASA2-AA6,161,1822108.04 (5) (cm) An employee whose work is terminated by an employing unit 23for misconduct by the employee connected with the employee’s work is ineligible to
1receive benefits until 7 weeks have elapsed since the end of the week in which the 2discharge occurs and the employee earns wages after the week in which the 3discharge occurs equal to at least 14 times the employee’s weekly benefit rate under 4s. 108.05 (1) in employment or other work covered by the unemployment insurance 5law of any state or the federal government. For purposes of requalification, the 6employee’s weekly benefit rate shall be the rate that would have been paid had the 7discharge not occurred. The wages paid to an employee by an employer which 8terminates employment of the employee for misconduct connected with the 9employee’s employment shall be excluded from the employee’s base period wages 10under s. 108.06 (1) for purposes of benefit entitlement. This subsection paragraph 11does not preclude an employee who has employment with an employer other than 12the employer which terminated the employee for misconduct from establishing a 13benefit year using the base period wages excluded under this subsection paragraph 14if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The 15department shall charge to the fund’s balancing account any benefits otherwise 16chargeable to the account of an employer that is subject to the contribution 17requirements under ss. 108.17 and 108.18 from which base period wages are 18excluded under this subsection paragraph. AB50-ASA2-AA6,162,219(am) For purposes of this subsection, “misconduct” means one or more actions 20or conduct evincing such willful or wanton disregard of an employer’s interests as is 21found in deliberate violations or disregard of standards of behavior which an 22employer has a right to expect of his or her employees, or in carelessness or 23negligence of such degree or recurrence as to manifest culpability, wrongful intent, 24or evil design of equal severity to such disregard, or to show an intentional and
1substantial disregard of an employer’s interests, or of an employee’s duties and 2obligations to his or her employer. AB50-ASA2-AA6,162,43(bm) In addition to the conduct described in par. (am), “misconduct” includes 4all of the following: AB50-ASA2-AA6,3495Section 349. 108.04 (5) (a) to (g) of the statutes are renumbered 108.04 (5) 6(bm) 1. to 7., and 108.04 (5) (bm) 5. and 7., as renumbered, are amended to read: AB50-ASA2-AA6,162,157108.04 (5) (bm) 5. Absenteeism by an employee on more than 2 occasions 8within the 120-day period before the date of the employee’s termination, unless 9otherwise specified by his or her employer in an employment manual of which the 10employee has acknowledged receipt with his or her signature, or excessive tardiness 11by an employee in violation of a policy of the employer that has been communicated 12to the employee, if the employee does not provide to his or her employer both notice 13and one or more valid reasons for the absenteeism or tardiness. For purposes of this 14subdivision, an employee’s notice and reason for an occasion of absenteeism or 15tardiness shall be analyzed under the standard specified in par. (am). AB50-ASA2-AA6,162,22167. Unless directed by the employer, a willful and deliberate violation of a 17written and uniformly applied standard or regulation of the federal government or 18a state or Indian tribal government by an employee of an employer that is licensed 19or certified by a governmental agency, which standard or regulation has been 20communicated by the employer to the employee and which violation would cause the 21employer to be sanctioned or to have its license or certification suspended by the 22agency. AB50-ASA2-AA6,163,10
1108.04 (7) (e) Paragraph (a) does not apply if the department determines that 2the employee accepted work that the employee could have failed to accept under sub. 3(8) and terminated the work on the same grounds and within the first 30 calendar 4days 10 weeks after starting the work, or that the employee accepted work that the 5employee could have refused under sub. (9) and terminated the work within the 6first 30 calendar days 10 weeks after starting the work. For purposes of this 7paragraph, an employee has the same grounds for voluntarily terminating work if 8the employee could have failed to accept the work under sub. (8) (d) to (em) when it 9was offered, regardless of the reason articulated by the employee for the 10termination. AB50-ASA2-AA6,35312Section 353. 108.04 (7) (t) 2. of the statutes is amended to read: AB50-ASA2-AA6,163,1513108.04 (7) (t) 2. The employee’s spouse was required by the U.S. armed forces 14his or her employing unit to relocate to a place to which it is impractical for the 15employee to commute. AB50-ASA2-AA6,164,817108.04 (8) (a) Except as provided in par. (b), if If an employee fails, without 18good cause, to accept suitable work when offered, the employee is ineligible to 19receive benefits until the employee earns wages after the week in which the failure 20occurs equal to at least 6 times the employee’s weekly benefit rate under s. 108.05 21(1) in employment or other work covered by the unemployment insurance law of any 22state or the federal government. For purposes of requalification, the employee’s 23weekly benefit rate shall be that rate which would have been paid had the failure
1not occurred. This paragraph does not preclude an employee from establishing a 2benefit year during a period in which the employee is ineligible to receive benefits 3under this paragraph if the employee qualifies to establish a benefit year under s. 4108.06 (2) (a). Except as provided in par. (b), the The department shall charge to 5the fund’s balancing account any benefits otherwise chargeable to the account of an 6employer that is subject to the contribution requirements under ss. 108.17 and 7108.18 whenever an employee of that employer fails, without good cause, to accept 8suitable work offered by that employer. AB50-ASA2-AA6,35610Section 356. 108.04 (8) (d) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,164,1311108.04 (8) (d) (intro.) With respect to the first 6 10 weeks after the employee 12became unemployed, “suitable work,” for purposes of par. (a), means work to which 13all of the following apply: AB50-ASA2-AA6,164,2015108.04 (8) (dm) With respect to the 7th 11th week after the employee became 16unemployed and any week thereafter, “suitable work,” for purposes of par. (a), 17means any work that the employee is capable of performing, regardless of whether 18the employee has any relevant experience or training, that pays wages that are 19above the lowest quartile of wages for similar work in the labor market area in 20which the work is located, as determined by the department. AB50-ASA2-AA6,165,722108.04 (11) (bm) The department shall apply any ineligibility under par. (be) 23against benefits and weeks of eligibility for which the claimant would otherwise be
1eligible after the week of concealment and within 6 years after the date of an initial 2determination issued under s. 108.09 finding that a concealment occurred. The 3claimant shall not receive waiting period credit under sub. (3) for the period of 4ineligibility applied under par. (be). If no benefit rate applies to the week for which 5the claim is made, the department shall use the claimant’s benefit rate for the 6claimant’s next benefit year beginning after the week of concealment to determine 7the amount of the benefit reduction. AB50-ASA2-AA6,3598Section 359. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 9108.05 (7m) (a) and (b) and amended to read: AB50-ASA2-AA6,165,1210108.05 (7m) (a) The intent of the legislature in enacting this paragraph 11subsection is to prevent the payment of duplicative government benefits for the 12replacement of lost earnings or income, regardless of an individual’s ability to work. AB50-ASA2-AA6,165,1513(b) In this paragraph subsection, “social security disability insurance 14payment” means a payment of social security disability insurance benefits under 42 15USC ch. 7 subch. II. AB50-ASA2-AA6,36117Section 361. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e). AB50-ASA2-AA6,165,2019108.05 (1) (cm) For purposes of par. (r), the department shall set the 20maximum weekly benefit amount as follows: AB50-ASA2-AA6,165,22211. For benefits paid for a week of total unemployment that commences on or 22after January 5, 2014, but before January 4, 2026, $370. AB50-ASA2-AA6,166,2
12. For benefits paid for a week of total unemployment that commences on or 2after January 4, 2026, but before January 3, 2027, $497. AB50-ASA2-AA6,166,533. For benefits paid for a week of total unemployment that commences on or 4after January 3, 2027, the department shall set the maximum weekly benefit 5amount as provided under sub. (2). AB50-ASA2-AA6,3636Section 363. 108.05 (1) (r) of the statutes is renumbered 108.05 (1) (r) 7(intro.) and amended to read: AB50-ASA2-AA6,166,158108.05 (1) (r) (intro.) Except as provided in s. 108.062 (6) (a), each eligible 9employee shall be paid benefits for each week of total unemployment that 10commences on or after January 5, 2014, at the a weekly benefit rate specified in this 11paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal to 4 12percent of the employee’s base period wages that were paid during that quarter of 13the employee’s base period in which the employee was paid the highest total wages, 14rounded down to the nearest whole dollar, except that, if that amount as provided 15under sub. (1m) and except as follows: AB50-ASA2-AA6,166,17161. If the employee’s weekly benefit rate calculated under this paragraph is 17less than $54, no benefits are payable to the employee and, if that amount. AB50-ASA2-AA6,166,21182. If the employee’s weekly benefit rate is more than $370 the maximum 19weekly benefit amount specified in par. (cm), the employee’s weekly benefit rate 20shall be $370 and except that, if the maximum weekly benefit amount specified in 21par. (cm). AB50-ASA2-AA6,167,2223. If the employee’s benefits are exhausted during any week under s. 108.06
1(1), the employee shall be paid the remaining amount of benefits payable to the 2employee under s. 108.06 (1). AB50-ASA2-AA6,167,53(s) The department shall publish on its Internet site a weekly benefit rate 4schedule of quarterly wages and the corresponding weekly benefit rates as 5calculated in accordance with this paragraph subsection. AB50-ASA2-AA6,167,107108.05 (2) Indexing. (a) For benefits paid or payable for a week that 8commences on or after January 3, 2027, the department shall set the maximum 9weekly benefit amount under sub. (1) (cm) 3. and the wage limitation under sub. (3) 10(dm) 2. c. by doing the following: AB50-ASA2-AA6,167,15111. Except as provided in subd. 2., calculating the percentage difference 12between the consumer price index for the 12-month period ending on July 31 of the 13prior year and the consumer price index for the 12-month period ending on July 31 14of the year before the prior year, adjusting the prior year’s amount or limitation by 15that percentage difference, and rounding that result to the nearest whole dollar. AB50-ASA2-AA6,167,19162. If the consumer price index for the 12-month period ending on July 31 of 17the prior year has not increased over the consumer price index for the 12-month 18period ending on July 31 of the year before the prior year, setting the amount or 19limitation at the same amount or limitation that was in effect in the previous year. AB50-ASA2-AA6,167,2220(b) An adjustment under this subsection of the maximum weekly benefit 21amount under sub. (1) (cm) 3. and the wage limitation under sub. (3) (dm) 2. c. shall 22take effect on the 1st Sunday in January of each calendar year.
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