SB45,171612Section 1716. 108.04 (5g) of the statutes is repealed. SB45,171713Section 1717. 108.04 (5m) of the statutes is created to read: SB45,916,1814108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. 15(5), “misconduct,” for purposes of sub. (5), does not include the employee’s use of 16marijuana off the employer’s premises during nonworking hours or a violation of 17the employer’s policy concerning such use, unless termination of the employee 18because of that use is permitted under s. 111.35. SB45,916,2219(b) Notwithstanding sub. (5g), “substantial fault,” for purposes of sub. (5g), 20does not include the employee’s use of marijuana off the employer’s premises during 21nonworking hours or a violation of the employer’s policy concerning such use, unless 22termination of the employee because of that use is permitted under s. 111.35. SB45,171823Section 1718. 108.04 (7) (e) of the statutes is amended to read: SB45,917,924108.04 (7) (e) Paragraph (a) does not apply if the department determines that
1the employee accepted work that the employee could have failed to accept under sub. 2(8) and terminated the work on the same grounds and within the first 30 calendar 3days 10 weeks after starting the work, or that the employee accepted work that the 4employee could have refused under sub. (9) and terminated the work within the 5first 30 calendar days 10 weeks after starting the work. For purposes of this 6paragraph, an employee has the same grounds for voluntarily terminating work if 7the employee could have failed to accept the work under sub. (8) (d) to (em) when it 8was offered, regardless of the reason articulated by the employee for the 9termination. SB45,171910Section 1719. 108.04 (7) (t) 1. of the statutes is repealed. SB45,172011Section 1720. 108.04 (7) (t) 2. of the statutes is amended to read: SB45,917,1412108.04 (7) (t) 2. The employee’s spouse was required by the U.S. armed forces 13his or her employing unit to relocate to a place to which it is impractical for the 14employee to commute. SB45,172115Section 1721. 108.04 (8) (a) of the statutes is amended to read: SB45,918,716108.04 (8) (a) Except as provided in par. (b), if If an employee fails, without 17good cause, to accept suitable work when offered, the employee is ineligible to 18receive benefits until the employee earns wages after the week in which the failure 19occurs equal to at least 6 times the employee’s weekly benefit rate under s. 108.05 20(1) in employment or other work covered by the unemployment insurance law of any 21state or the federal government. For purposes of requalification, the employee’s 22weekly benefit rate shall be that rate which would have been paid had the failure 23not occurred. This paragraph does not preclude an employee from establishing a
1benefit year during a period in which the employee is ineligible to receive benefits 2under this paragraph if the employee qualifies to establish a benefit year under s. 3108.06 (2) (a). Except as provided in par. (b), the The department shall charge to 4the fund’s balancing account any benefits otherwise chargeable to the account of an 5employer that is subject to the contribution requirements under ss. 108.17 and 6108.18 whenever an employee of that employer fails, without good cause, to accept 7suitable work offered by that employer. SB45,17228Section 1722. 108.04 (8) (b) of the statutes is repealed. SB45,17239Section 1723. 108.04 (8) (d) (intro.) of the statutes is amended to read: SB45,918,1210108.04 (8) (d) (intro.) With respect to the first 6 10 weeks after the employee 11became unemployed, “suitable work,” for purposes of par. (a), means work to which 12all of the following apply: SB45,172413Section 1724. 108.04 (8) (dm) of the statutes is amended to read: SB45,918,1914108.04 (8) (dm) With respect to the 7th 11th week after the employee became 15unemployed and any week thereafter, “suitable work,” for purposes of par. (a), 16means any work that the employee is capable of performing, regardless of whether 17the employee has any relevant experience or training, that pays wages that are 18above the lowest quartile of wages for similar work in the labor market area in 19which the work is located, as determined by the department. SB45,172520Section 1725. 108.04 (11) (bm) of the statutes is amended to read: SB45,919,621108.04 (11) (bm) The department shall apply any ineligibility under par. (be) 22against benefits and weeks of eligibility for which the claimant would otherwise be 23eligible after the week of concealment and within 6 years after the date of an initial
1determination issued under s. 108.09 finding that a concealment occurred. The 2claimant shall not receive waiting period credit under sub. (3) for the period of 3ineligibility applied under par. (be). If no benefit rate applies to the week for which 4the claim is made, the department shall use the claimant’s benefit rate for the 5claimant’s next benefit year beginning after the week of concealment to determine 6the amount of the benefit reduction. SB45,17267Section 1726. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 8108.05 (7m) (a) and (b) and amended to read: SB45,919,119108.05 (7m) (a) The intent of the legislature in enacting this paragraph 10subsection is to prevent the payment of duplicative government benefits for the 11replacement of lost earnings or income, regardless of an individual’s ability to work. SB45,919,1412(b) In this paragraph subsection, “social security disability insurance 13payment” means a payment of social security disability insurance benefits under 42 14USC ch. 7 subch. II. SB45,172715Section 1727. 108.04 (12) (f) 3. of the statutes is repealed. SB45,172816Section 1728. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e). SB45,172917Section 1729. 108.05 (1) (cm) of the statutes is created to read: SB45,919,1918108.05 (1) (cm) For purposes of par. (r), the department shall set the 19maximum weekly benefit amount as follows: SB45,919,21201. For benefits paid for a week of total unemployment that commences on or 21after January 5, 2014, but before January 4, 2026, $370. SB45,919,23222. For benefits paid for a week of total unemployment that commences on or 23after January 4, 2026, but before January 3, 2027, $497. SB45,920,3
13. For benefits paid for a week of total unemployment that commences on or 2after January 3, 2027, the department shall set the maximum weekly benefit 3amount as provided under sub. (2). SB45,17304Section 1730. 108.05 (1) (r) of the statutes is renumbered 108.05 (1) (r) 5(intro.) and amended to read: