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SB233,,112023 SENATE BILL 233
April 14, 2023 - Introduced by Senators Feyen, Bradley, Felzkowski, Marklein and Stroebel, cosponsored by Representatives Dallman, Brooks, Allen, Behnke, Binsfeld, Bodden, Dittrich, Green, Gundrum, Knodl, Magnafici, Moses, Murphy, O’Connor, Penterman, Petersen, Plumer, Rettinger, Rozar, Sortwell, Wichgers, Wittke and Edming. Referred to Committee on Economic Development and Technical Colleges.
SB233,,22An Act to renumber and amend 108.142 (4); to amend 108.06 (1); and to create 108.06 (1m) and 227.01 (13) (yL) of the statutes; relating to: the amount of benefits received under the unemployment insurance law.
SB233,,33Analysis 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:
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SB233,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB233,15Section 1. 108.06 (1) of the statutes is amended to read:
SB233,,66108.06 (1) Except as provided in sub. (6) and ss. 108.141 and 108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the number of weeks determined under sub. (1m) multiplied by the claimant’s weekly benefit rate under s. 108.05 (1) or 40 percent of the claimant’s base period wages, whichever is lower. Except as provided in sub. (6) and ss. 108.141 and 108.142, if a claimant’s base period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the number of weeks determined under sub. (1m) multiplied by the claimant’s weekly benefit rate under s. 108.05 (1) or 40 percent of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.
SB233,27Section 2. 108.06 (1m) of the statutes is created to read:
SB233,,88108.06 (1m) (a) 1. The department shall, on a monthly basis, determine the maximum number of weeks of regular benefits available to claimants under sub. (1) in accordance with this paragraph. Each such determination shall apply to benefit years that begin in the month to which that determination applies. For benefit years to which each determination applies, the maximum number of weeks of regular benefits is as follows: [See Figure 108.06 (1m) (a) 1. following]
SB233,,99Figure 108.06 (1m) (a) 1.:
SB233,,10102. The department shall make the determinations under this paragraph using the most recently available statewide, seasonally adjusted data from the current employment statistics program published by the the bureau of labor statistics for the U.S. department of labor, including preliminary estimates.
SB233,,1111(b) The maximum number of weeks of regular benefits payable to a claimant under sub. (1) in the first week of the claimant’s benefit year remains the same regardless of the maximum number of weeks of regular benefits in effect in any subsequent week that benefits become payable to the claimant.
SB233,,1212(c) The department shall publish on its website a notice about the maximum number of weeks of regular benefits available as calculated in accordance with this subsection.
SB233,313Section 3. 108.142 (4) of the statutes is renumbered 108.142 (4) (intro.) and amended to read:
SB233,,1414108.142 (4) Duration of Wisconsin supplemental benefits. (intro.) During a Wisconsin supplemental benefit period, no claimant may receive total benefits based on employment in a base period greater than 34 times whichever of the following is lower:
SB233,,1515(a) The sum of the number of weeks determined under s. 108.06 (1m) and 8, multiplied by the claimant’s weekly benefit rate under s. 108.05 (1) or 40.
SB233,,1616(b) Forty percent of wages paid or payable to the claimant in his or her base period under s. 108.04 (4) (a), whichever is lower.
SB233,417Section 4. 227.01 (13) (yL) of the statutes is created to read:
SB233,,1818227.01 (13) (yL) Determines, under s. 108.06 (1m), the maximum number of weeks of regular unemployment insurance benefits available under s. 108.06 (1).
SB233,519Section 5. Initial applicability.
SB233,,2020(1) This act first applies with respect to benefit years established on the effective date of this subsection.
SB233,621Section 6. Effective date.
SB233,,2222(1) This act takes effect on June 30, 2024.
SB233,,2323(end)
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