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MED:cjs
January 2021 Special Session
2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
February 23, 2021 - Offered by Representatives Hintz, Hesselbein, Spreitzer,
Subeck, B. Meyers, Haywood, Goyke, Neubauer, Anderson, Andraca,
Baldeh, Billings, Bowen, Brostoff, Cabrera, Conley, Considine, Drake,
Emerson, Hebl, Hong, McGuire, Milroy, Moore Omokunde, L. Myers,
Ohnstad, Ortiz-Velez, Pope, Riemer, S. Rodriguez, Shankland, Shelton,
Sinicki, Snodgrass, Stubbs, Vining and Vruwink.
AB1-ASA1-AA4,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-ASA1-AA4,1,3 21. Page 1, line 4: delete “and immunity from liability related to COVID-19
3exposure" and substitute “and granting rule-making authority”.
AB1-ASA1-AA4,1,4 42. Page 3, line 10: after that line insert:
AB1-ASA1-AA4,1,5 5 Section 1c. 71.05 (6) (b) 55. of the statutes is created to read:
AB1-ASA1-AA4,1,96 71.05 (6) (b) 55. For taxable years beginning after December 31, 2019, and
7before January 1, 2021, in addition to the subtraction under subd. 8., an amount
8equal to the unemployment compensation benefits remaining taxable that the
9individual received in the taxable year, not to exceed $10,000.
AB1-ASA1-AA4,1e 10Section 1e. 102.43 (9) (e) of the statutes is amended to read:
AB1-ASA1-AA4,2,211 102.43 (9) (e) The employee's employment with the employer has been
12suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial

1fault, as defined in s. 108.04 (5g) (a),
by the employee connected with the employee's
2work.
AB1-ASA1-AA4,1g 3Section 1g. 108.02 (24g) of the statutes is created to read:
AB1-ASA1-AA4,2,54 108.02 (24g) Suitable work. “Suitable work" has the meaning specified by the
5department by rule under s. 108.14 (28).
AB1-ASA1-AA4,1i 6Section 1i. 108.04 (1) (g) (intro.) of the statutes is amended to read:
AB1-ASA1-AA4,2,107 108.04 (1) (g) (intro.) Except as provided in par. (gm), and s. 108.06 (7) (d), the
8base period wages utilized to compute total benefits payable to an individual under
9s. 108.06 (1) as a result of the following employment shall not exceed 10 times the
10individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
AB1-ASA1-AA4,1j 11Section 1j. 108.04 (2) (a) (intro.) of the statutes is amended to read:
AB1-ASA1-AA4,2,1412 108.04 (2) (a) (intro.) Except as provided in pars. par. (b) to (bd), sub. (16) (am)
13and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a
14claimant is eligible for benefits as to any given week only if all of the following apply:
AB1-ASA1-AA4,1L 15Section 1L. 108.04 (2) (a) 3. of the statutes is repealed and recreated to read:
AB1-ASA1-AA4,2,2516 108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work
17during that week and provides verification of that search to the department. The
18search for suitable work must include at least 2 actions per week that constitute a
19reasonable search as prescribed by rule of the department. This subdivision does not
20apply to a claimant if the department determines that the claimant is currently laid
21off from employment with an employer but there is a reasonable expectation of
22reemployment of the individual by that employer. In determining whether the
23claimant has a reasonable expectation of reemployment by an employer, the
24department shall request the employer to verify the claimant's employment status
25and shall consider all of the following:
AB1-ASA1-AA4,3,1
1a. The history of layoffs and reemployments by the employer.
AB1-ASA1-AA4,3,32 b. Any information that the employer furnished to the claimant or the
3department concerning the claimant's anticipated reemployment date.
AB1-ASA1-AA4,3,54 c. Whether the claimant has recall rights with the employer under the terms
5of any applicable collective bargaining agreement.
AB1-ASA1-AA4,1n 6Section 1n. 108.04 (2) (b) of the statutes is repealed and recreated to read:
AB1-ASA1-AA4,3,97 108.04 (2) (b) The department may, by rule, establish waivers from the
8registration for work requirement under par. (a) 2. and the work search requirement
9under par. (a) 3.
AB1-ASA1-AA4,1p 10Section 1p. 108.04 (2) (bb) of the statutes is repealed.
AB1-ASA1-AA4,1r 11Section 1r. 108.04 (2) (bd) of the statutes is repealed.
AB1-ASA1-AA4,1u 12Section 1u. 108.04 (2) (bm) of the statutes is amended to read:
AB1-ASA1-AA4,3,1913 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
14which there is a determination that the claimant failed to comply with the
15registration for work and work search requirements under par. (a) 2. or 3. or failed
16to provide verification to the department that the claimant complied with those
17requirements, unless the department has waived those requirements under par. (b),
18(bb), or (bd)
or s. 108.062 (10m). If the department has paid benefits to a claimant
19for any such week, the department may recover the overpayment under s. 108.22.”.
AB1-ASA1-AA4,3,20 203. Page 4, line 5: after that line insert:
AB1-ASA1-AA4,3,21 21 Section 2b. 108.04 (5g) of the statutes is repealed.
AB1-ASA1-AA4,2d 22Section 2d. 108.04 (7) (e) of the statutes is amended to read:
AB1-ASA1-AA4,4,723 108.04 (7) (e) Paragraph (a) does not apply if the department determines that
24the employee accepted work that the employee could have failed to accept under sub.

1(8) and terminated the work on the same grounds and within the first 30 calendar
2days after starting the work, or that the employee accepted work that the employee
3could have refused under sub. (9) and terminated the work within the first 30
4calendar days after starting the work. For purposes of this paragraph, an employee
5has the same grounds for voluntarily terminating work if the employee could have
6failed to accept the work under sub. (8) (d) to (em) when it was offered, regardless of
7the reason articulated by the employee for the termination.
AB1-ASA1-AA4,2f 8Section 2f. 108.04 (8) (c) of the statutes is amended to read:
AB1-ASA1-AA4,5,29 108.04 (8) (c) If an employee fails, without good cause, to return to work with
10a former employer that recalls the employee within 52 weeks after the employee last
11worked for that employer, the employee is ineligible to receive benefits until the
12employee earns wages after the week in which the failure occurs equal to at least 6
13times the employee's weekly benefit rate under s. 108.05 (1) in employment or other
14work covered by the unemployment insurance law of any state or the federal
15government. For purposes of requalification, the employee's weekly benefit rate
16shall be that rate which would have been paid had the failure not occurred. This
17paragraph does not preclude an employee from establishing a benefit year during a
18period in which the employee is ineligible to receive benefits under this paragraph
19if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The
20department shall charge to the fund's balancing account any benefits otherwise
21chargeable to the account of any employer that is subject to the contribution
22requirements under ss. 108.17 and 108.18 whenever an employee of that employer
23fails, without good cause, to return to work with that employer. This paragraph does
24not apply to an employee who fails to return to work with a former employer if the
25work offered would not be considered suitable work under par. (d) or (dm), whichever

1is applicable
. If an employee receives actual notice of a recall to work, par. (a) applies
2in lieu of this paragraph.
AB1-ASA1-AA4,2h 3Section 2h. 108.04 (8) (d) of the statutes is repealed and recreated to read:
AB1-ASA1-AA4,5,114 108.04 (8) (d) An employee shall have good cause under par. (a) or (c),
5regardless of the reason articulated by the employee for the failure, if the department
6determines that the failure involved work at a lower grade of skill or significantly
7lower rate of pay than applied to the employee on one or more recent jobs, and that
8the employee had not yet had a reasonable opportunity, in view of labor market
9conditions and the employee's degree of skill, but not to exceed 6 weeks after the
10employee became unemployed, to seek a new job substantially in line with the
11employee's prior job skill and rate of pay.
AB1-ASA1-AA4,2j 12Section 2j. 108.04 (8) (dm) of the statutes is repealed.
AB1-ASA1-AA4,2L 13Section 2L. 108.04 (8) (em) of the statutes is repealed.
AB1-ASA1-AA4,2n 14Section 2n. 108.06 (1) of the statutes is amended to read:
AB1-ASA1-AA4,5,2415 108.06 (1) Except as provided in sub. subs. (6) and (7) and ss. 108.141 and
16108.142, no claimant may receive total benefits based on employment in a base
17period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1)
18or 40 percent of the claimant's base period wages, whichever is lower. Except as
19provided in sub. subs. (6) and (7) and ss. 108.141 and 108.142, if a claimant's base
20period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under
21s. 108.04 (1) (f), (10) (a), or (17), the claimant may not receive total benefits based on
22employment in a base period greater than 26 times the claimant's weekly benefit rate
23under s. 108.05 (1) or 40 percent of the base period wages not reduced, canceled or
24suspended which were paid or payable to the claimant, whichever is lower.
AB1-ASA1-AA4,2p 25Section 2p. 108.06 (2) (c) of the statutes is amended to read:
AB1-ASA1-AA4,6,3
1108.06 (2) (c) No benefits are payable to a claimant for any week of
2unemployment not occurring during the claimant's benefit year except under sub. (7)
3and
ss. 108.141 and 108.142.
AB1-ASA1-AA4,2r 4Section 2r. 108.06 (2) (cm) of the statutes is amended to read:
AB1-ASA1-AA4,6,85 108.06 (2) (cm) If an employee qualifies to receive benefits using the base period
6described in s. 108.02 (4) (b), the wages used to compute the employee's benefit
7entitlement are not available for use in any subsequent benefit computation for the
8same employee, except under sub. (7) or s. 108.141 or 108.142.
AB1-ASA1-AA4,2t 9Section 2t. 108.06 (3) of the statutes is amended to read:
AB1-ASA1-AA4,6,1410 108.06 (3) There shall be payable to an employee, for weeks ending within the
11employee's benefit year, only those benefits computed for that benefit year based on
12the wages paid to the employee in the immediately preceding base period. Wages
13used in a given benefit computation are not available for use in any subsequent
14benefit computation except under sub. (7) and s. 108.141.
AB1-ASA1-AA4,2v 15Section 2v. 108.06 (6) (intro.) of the statutes is amended to read:
AB1-ASA1-AA4,6,2516 108.06 (6) (intro.) If a claimant has established a benefit year prior to the
17effective date of any increase in the maximum weekly benefit rate provided under
18s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement
19under sub. (1) for that benefit year on that effective date, and the claimant was
20entitled to receive the maximum weekly benefit rate under s. 108.05 (1) that was in
21effect prior to that effective date, the limitation on the total benefits authorized to
22be paid to a claimant under sub. (1) does not apply to that claimant in that benefit
23year. Unless sub. (7) or s. 108.141 or 108.142 applies, the claimant's remaining
24benefit entitlement in that benefit year for the period beginning on that effective date
25shall be computed by:
AB1-ASA1-AA4,2x
1Section 2x. 108.06 (7) of the statutes is created to read:
AB1-ASA1-AA4,7,22 108.06 (7) (a) In this subsection:
AB1-ASA1-AA4,7,63 1. “Applicable benefit year" means, with respect to a claimant, the claimant's
4current benefit year if at the time an initial claim for benefits under this subsection
5is filed the claimant has an unexpired benefit year or, in any other case, the
6claimant's most recent benefit year.
AB1-ASA1-AA4,7,87 2. “Training program" means any program of a type specified in s. 108.04 (16)
8(a).
AB1-ASA1-AA4,7,129 (b) Except as provided in pars. (f) and (g), a claimant who is otherwise eligible
10for benefits and who is currently enrolled in a training program is eligible, while
11enrolled in that training program, for additional benefits under this subsection
12provided that the claimant:
AB1-ASA1-AA4,7,1713 1. Has exhausted all rights to regular benefits, Wisconsin supplemental
14benefits, federal emergency compensation benefits under P.L. 110-252 and P.L.
15110-449, as amended, extended benefits under s. 108.141, and the federal Trade Act
16of 1974 (P.L. 93-618), or any other similar state or federal program of additional
17benefits;
AB1-ASA1-AA4,7,2018 2. If not in a current benefit year, has a benefit year that ended no earlier than
1952 weeks prior to the week for which the claimant first claims benefits under this
20subsection;
AB1-ASA1-AA4,7,2221 3. Except as provided in par. (e), is first enrolled in a training program within
22the claimant's applicable benefit year; and
AB1-ASA1-AA4,7,2423 4. Is not receiving similar stipends or other training allowances for nontraining
24costs.
AB1-ASA1-AA4,8,3
1(c) The weekly benefit rate payable to a claimant under this subsection for a
2week of total unemployment is an amount equal to the most recent weekly benefit
3rate in the claimant's applicable benefit year as determined under s. 108.05 (1).
AB1-ASA1-AA4,8,84 (d) A claimant may receive total benefits under this subsection of not more than
526 times the claimant's weekly benefit rate that applied to the claimant's applicable
6benefit year while enrolled in a training program. The benefits authorized under this
7subsection are in addition to any regular benefits, extended benefits, or additional
8benefits authorized under federal law to which a claimant may be entitled.
AB1-ASA1-AA4,8,149 (e) A claimant who is otherwise eligible for benefits under par. (b) and whose
10applicable benefit year ends in a week in which benefits are payable in this state
11under s. 108.141 or 108.142, or P.L. 110-252 or P.L. 110-449, as amended, or another
12similar state or federal program of additional benefits, is also eligible for benefits
13under this subsection if the claimant is first enrolled in a training program within
1452 weeks after the end of the claimant's applicable benefit year.
AB1-ASA1-AA4,8,1715 (f) No benefits may be paid to a claimant under this subsection for weeks
16beginning more than 52 weeks after the first week for which the claimant received
17benefits under this subsection.
AB1-ASA1-AA4,8,2118 (g) Except when the result would be inconsistent with the other provisions of
19this subsection, the provisions of this chapter that apply to claims for, or the payment
20of, regular benefits apply to claims for, and the payment of, benefits under this
21subsection.
AB1-ASA1-AA4,8,2422 (h) The restrictions on benefit reductions and disqualifications in s. 108.04 (16)
23apply to a claimant in a training program who is entitled to receive benefits under
24this subsection.
AB1-ASA1-AA4,9,2
1(i) The department shall charge benefits paid under this subsection in the same
2manner as benefits are charged under s. 108.04 (16) (e).”.
AB1-ASA1-AA4,9,4 34. Page 7, line 8: delete the material beginning with that line and ending with
4page 8, line 5, and substitute:
AB1-ASA1-AA4,9,5 5 Section 7c. 108.14 (28) of the statutes is created to read:
AB1-ASA1-AA4,9,96 108.14 (28) The department shall promulgate a rule to define what constitutes
7suitable work for claimants, which shall specify different levels of suitable work
8based upon the number of weeks that a claimant has received benefits in a given
9benefit year.
AB1-ASA1-AA4,7g 10Section 7g. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:
AB1-ASA1-AA4,9,1211 108.141 (3g) (a) 3. (intro.) Work Notwithstanding s. 108.02 (24g), work is
12suitable within the meaning of subd. 2. if:
AB1-ASA1-AA4,7r 13Section 7r. 108.16 (6m) (a) of the statutes is amended to read:
AB1-ASA1-AA4,9,1714 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
15(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (am) 2. and (bm) 3.
16a., (5m), and (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub.
17(6) (e) or (7) (a) and (b).”.
AB1-ASA1-AA4,9,18 185. Page 8, line 7: delete lines 7 to 10.
AB1-ASA1-AA4,9,19 196. Page 8, line 18: after that line insert:
AB1-ASA1-AA4,9,23 20“(3m) Unemployment insurance; suitable work. The department of workforce
21development shall submit a notice to the legislative reference bureau for publication
22in the Wisconsin Administrative Register when the department determines that the
23department has rules in place under s. 108.14 (28) to define suitable work.
AB1-ASA1-AA4,10,3
1(4m) Unemployment insurance; wage threshold. Section 108.05 (3) (dm) does
2not apply to a claimant who files for benefits for a week beginning on or after the
3effective date of this subsection and before June 30, 2021.
AB1-ASA1-AA4,10m 4Section 10m. Initial applicability.
AB1-ASA1-AA4,10,85 (1m) Unemployment insurance; work search. The treatment of s. 108.04 (2)
6(a) 3. (with respect to the required number of work search actions) first applies with
7respect to weeks of unemployment beginning after the effective date of this
8subsection.
AB1-ASA1-AA4,10,119 (2m) Unemployment insurance; suitable work. The treatment of ss. 108.02
10(24g) and 108.04 (7) (e) and (8) (c), (d), (dm), and (em) first applies to determinations
11issued under s. 108.09 on the effective date of this subsection.
AB1-ASA1-AA4,10,1412 (3m) Unemployment insurance; substantial fault. The treatment of ss. 108.04
13(5g) and 108.16 (6m) (a) first applies with respect to determinations issued under s.
14108.09 on the effective date of this subsection.
AB1-ASA1-AA4,11m 15Section 11m. Effective dates. This act takes effect on the Sunday after
16publication, except as follows:
AB1-ASA1-AA4,10,2017 (1m) Unemployment insurance; suitable work. The treatment of ss. 108.02
18(24g) and 108.04 (7) (e) and (8) (c), (d), (dm), and (em) and Section 10m (2m) of this
19act take effect on the date the notice under Section 9 (3m) is published in the
20Wisconsin Administrative Register or on January 3, 2023, whichever occurs first.”.
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