April 8, 2025 - Introduced by Representatives Kreibich, O'Connor, Nedweski, Green, Duchow, Murphy, Knodl, B. Jacobson, Gundrum and Dittrich, cosponsored by Senator Feyen. Referred to Committee on Workforce Development, Labor, and Integrated Employment.
AB168,1,3
1An Act to create 108.14 (10m), 108.14 (23m), 108.14 (28), 108.14 (29), 108.14 2(30) and 939.74 (2) (d) of the statutes; relating to: various changes to the
3unemployment insurance law. Analysis by the Legislative Reference Bureau
Unemployment insurance
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:
Identity proofing
The bill requires DWD to implement identity-proofing measures for UI claimants who are engaging in benefit-related transactions with DWD that 1) require a claimant to verify his or her identity prior to filing an initial claim for benefits and when engaging in other transactions with DWD, and 2) achieve the IAL2 and AAL2 standards adopted in the National Institute of Standards and Technology’s Digital Identity Guidelines.
Statute of limitations
Under current law, a prosecution for a felony must be commenced within six years after it was committed. Current law provides several exceptions for certain felonies, and the bill adds another exception. Under the bill, a prosecution for a felony must be commenced within eight years after it was committed if the felony involves fraud in obtaining UI benefits and benefits under the special unemployment benefit programs under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.
Education and informational materials
Current law requires DWD to compile and provide to employers certain information about how the UI system works, including a handbook on the UI system for employers and information concerning the financing of the UI system that is published on DWD’s website. The bill requires DWD to also provide certain training materials for employers and claimants on the UI system. The bill requires DWD to publish training videos on its website and also to provide live training seminars for employing units that are free of charge and provided on a quarterly basis.
Assistance call center
The bill requires DWD to operate a call center to assist claimants for UI benefits or similar federal payments. Furthermore, the bill requires DWD to do the following:
1. If the volume of calls has increased by 100 percent or more over the same week during the previous year or if there is a declared state of emergency for the state that causes or relates to an increase in UI claims, operate the call center with hours of at least 9 a.m. to 5 p.m. on weekdays.
2. If the volume of calls has increased by 300 percent or more over the same week during the previous year or if there is a declared state of emergency for the state that causes or relates to an increase in UI claims, operate the call center with evening hours after 5 p.m. and weekend hours.
Database comparisons
The bill requires DWD to perform a comparison of state and national databases that track death records, employment records, prison records, citizenship and immigration, and immigrations and customs against recipients of UI benefits for the purposes of detecting fraud or erroneous payments. The bill requires DWD to perform the comparison on at least a weekly basis. The bill provides that DWD may also make such comparisons with other databases.
Fraud detection
The bill requires DWD, if it suspends or reduces any method used by the department to detect fraud committed against the unemployment insurance program, to submit a notification detailing the suspension or reduction and the reasons therefor to the Council on Unemployment Insurance, the Governor, and the appropriate standing committees of the legislature.
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:
AB168,1
1Section 1. 108.14 (10m) of the statutes is created to read: AB168,2,42108.14 (10m) The department shall implement identity-proofing measures 3for claimants who are engaging in benefit-related transactions with the department 4that satisfy all of the following: AB168,2,75(a) The measures require a claimant to verify his or her identity prior to filing 6an initial claim for benefits and when engaging in other transactions with the 7department. AB168,2,98(b) The measures achieve the IAL2 and AAL2 standards adopted in the 9National Institute of Standards and Technology’s Digital Identity Guidelines. AB168,210Section 2. 108.14 (23m) of the statutes is created to read: AB168,2,1211108.14 (23m) The department shall provide training materials on the 12unemployment insurance system, including all of the following: AB168,2,1413(a) Training videos for claimants and employing units published on the 14department’s website. AB168,2,1615(b) Live training seminars for employing units that are free of charge and 16provided on a quarterly basis. The seminars may be in-person, online, or both. AB168,317Section 3. 108.14 (28) of the statutes is created to read: AB168,3,218108.14 (28) If the department suspends or reduces any method used by the 19department to detect fraud committed against the unemployment insurance 20program under this chapter, the department shall submit a notification detailing 21the suspension or reduction and the reasons therefor to the council on
1unemployment insurance, the governor, and the appropriate standing committees 2of the legislature under s. 13.172 (3). AB168,43Section 4. 108.14 (29) of the statutes is created to read: AB168,3,64108.14 (29) (a) The department shall maintain a call center to provide 5assistance and support by telephone to claimants for benefits under this chapter or 6payments under federal assistance programs for unemployment. AB168,3,87(b) 1. The department shall, during each of the following periods, operate the 8call center with hours of at least 9 a.m. to 5 p.m. on weekdays: AB168,3,109a. During a declared state of emergency for the state that causes or relates to 10an increase in unemployment claims. AB168,3,1311b. For 90 days after any week in which the call center experiences an increase 12of at least 100 percent in calls compared to the same week during the previous year, 13and for 90 days after each subsequent week in which such an increase occurs. AB168,3,15142. The department shall, during each of the following periods, operate the call 15center with hours after 5 p.m. on weekdays and at least 16 hours on weekends: AB168,3,1716a. During a declared state of emergency for the state that causes or relates to 17an increase in unemployment claims. AB168,3,2018b. For 90 days after any week in which the call center experiences an increase 19of at least 300 percent in calls compared to the same week during the previous year, 20and for 90 days after each subsequent week in which such an increase occurs. AB168,521Section 5. 108.14 (30) of the statutes is created to read: AB168,4,222108.14 (30) (a) The department shall, on at least a weekly basis, perform a
1comparison of recipients of benefits under this chapter against all of the following 2for the purpose of detecting fraud or erroneous payments: AB168,4,431. Nationally recognized databases that contain information on death records, 4including the federal social security administration’s death master file. AB168,4,552. The National Association of State Workforce Agencies’ integrity data hub. AB168,4,763. The national directory of new hires maintained by the office of child 7support enforcement in the U.S. department of health and human services. AB168,4,984. Prisoner databases maintained by the department of justice, the 9department of corrections, and the U.S. department of justice. AB168,4,11105. The U.S. Citizenship and Immigration Services Secure Automated 11Verification of Eligibility database. AB168,4,12126. Databases maintained by the U.S. Immigration and Customs Enforcement. AB168,4,1513(b) The department may perform comparisons of recipients of benefits under 14this chapter against public or private databases in addition to those specified in par. 15(a) 1. to 6. AB168,616Section 6. 939.74 (2) (d) of the statutes is created to read: AB168,5,217939.74 (2) (d) A prosecution for a felony violation under s. 108.24 (1) or (2) or 18under any other statute under which a person is prosecuted for fraud in obtaining 19unemployment insurance benefits, benefits under the pandemic unemployment 20assistance program under 15 USC 9021, benefits under the federal pandemic 21unemployment compensation and mixed earner unemployment compensation 22programs under 15 USC 9023, or benefits under the pandemic emergency 23unemployment compensation program under 15 USC 9025 must be commenced
1within 8 years after the commission of the violation if the violation is related to 2benefits that were paid or payable on or before September 4, 2021. AB168,73Section 7. Initial applicability. AB168,5,64(1) Notwithstanding s. 990.06, the treatment of s. 939.74 (2) (d) first applies to 5an act for which the time limit under s. 939.74 (1) for prosecution has not expired as 6of the effective date of this subsection.
