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Wisconsin Legislature: SB197: Bill Text
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SB197: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2752/1
MED:skw
2025 SENATE BILL 197
April 14, 2025 - Introduced by Senator
Jacque
, cosponsored by Representatives
B. Jacobson
,
Snyder
,
Dallman
,
Duchow
,
Green
,
Gundrum
,
Knodl
,
Kreibich
,
Murphy
,
Nedweski
,
O'Connor
,
Wichgers
,
Wittke
and
Allen
. Referred to Committee on Government Operations, Labor and Economic Development.
SB197,1,12
1
An Act
to renumber and amend
108.04 (2) (a) 4., 108.04 (15) (a) 2. and 108.13
2
(4) (a) 4.;
to consolidate, renumber and amend
108.04 (15) (a) (intro.) and
3
1.;
to amend
40.02 (22) (b) 3., 40.65 (5) (b) 2., 49.147 (3) (ac) 2., 49.163 (3) (a)
4
3. c., 71.67 (7) (title), 105.01 (1) (b) 1., 105.115 (2) (b), 105.115 (2) (c), 105.115
5
(3) (a) 1., 105.115 (4) (b) 1., 105.115 (4) (b) 3., 106.38 (3) (c) 3., 108.04 (2) (a) 3.,
6
108.04 (12) (b), 108.14 (1), 108.141 (1) (b) 3., 108.142 (1) (h) 3., 108.19 (1m),
7
111.39 (4) (c), 230.43 (4), 230.85 (3) (d) and 779.01 (2) (am);
to repeal and
8
recreate
chapter 108 (title);
to create
15.223 (2), 108.01 (2m), 108.013, 108.02
9
(21r), 108.04 (2) (a) 4. c., 108.04 (2) (a) 5., 108.04 (15) (a) 2. b., 108.04 (15) (am)
10
and (ao) and 108.14 (8o) of the statutes;
relating to:
various changes to the
11
unemployment insurance law and federal Reemployment Services and
12
Eligibility Assessment grants.
Analysis by the Legislative Reference Bureau
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:
Program name change
The bill changes references in the statutes to “unemployment insurance” to “reemployment assistance” and requires the program and its benefits to be known as reemployment assistance. The bill also requires DWD to have a division known as the Division of Reemployment Assistance and requires the reemployment assistance law to be administered by that division.
General qualifying requirements
Under current law, a claimant for UI benefits is generally required to 1) register for work, 2) be able to work and available for work, and 3) conduct a work search for each week in order to remain eligible. A claimant is required to conduct at least four work search actions each week, and DWD may require, by rule, that an individual conduct more than four work search actions per week. Finally, if a claimant is claiming benefits for a week other than an initial week, the claimant must provide information or job application materials that are requested by DWD and participate in a public employment office workshop or training program or in similar reemployment services required by DWD.
The bill does the following:
1. Requires, for the third and subsequent weeks of a claimant’s benefit year, that at least two of the required weekly work search actions be direct contacts with potential employers.
2. Requires a claimant who resides in this state, for each week other than an initial week, to submit and keep posted on the DWD’s job center website a current resume.
3. Requires, when a claimant is claiming benefits with less than three weeks of benefits left, that the claimant complete a reemployment counseling session.
Additionally, current law allows DWD to use information or job application materials described above to assess a claimant’s efforts, skills, and ability to find or obtain work and to develop a list of potential opportunities for a claimant to obtain suitable work. However, current law provides that a claimant who otherwise satisfies the required weekly work search requirement is not required to apply for any specific positions on the list of potential opportunities in order to satisfy the work search requirement. The bill requires, instead of allows, DWD to provide this assistance. The bill also repeals the language in current law providing that a claimant who otherwise satisfies the weekly work search requirement is not required to apply for specific positions provided by DWD and requires DWD to provide each claimant with at least four potential opportunities each week, one or more of which may be opportunities with a temporary help company.
Finally, current law allows DWD to require a claimant to participate in a public employment office workshop or training program. The bill provides that DWD must require a claimant to participate in a public employment office workshop or training program if the claimant is likely to exhaust regular UI benefits. DWD may also require other claimants to participate in a public employment office workshop or training program, but must prioritize claimants more likely to have difficulty obtaining reemployment.
Reemployment Services and Eligibility Assessment grants
Under federal law, the United States Department of Labor (USDOL) operates the Reemployment Services and Eligibility Assessment (RESEA) program, whereby grants are awarded to states to provide reemployment services to claimants. Participation in the RESEA program is voluntary and requires that a state submit a state plan to USDOL that outlines how the state intends to conduct a program of reemployment services and eligibility assessments.
The bill requires that DWD act to continue to participate in the RESEA program and requires DWD to provide certain RESEA services to all UI claimants.
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:
SB197,1
1
Section
1
.
15.223 (2) of the statutes is created to read:
SB197,2,3
2
15.223
(2)
Division of reemployment assistance.
There is created in the
3
department of workforce development a division of reemployment assistance.
SB197,2
4
Section
2
.
40.02 (22) (b) 3. of the statutes is amended to read:
SB197,2,6
5
40.02
(22)
(b) 3. Unemployment insurance
or reemployment assistance
6
benefits.
SB197,3
7
Section
3
.
40.65 (5) (b) 2. of the statutes is amended to read:
SB197,2,9
8
40.65
(5)
(b) 2. Any unemployment insurance
or reemployment assistance
9
benefit payable to the participant because of his or her work record.
SB197,4
10
Section
4
.
49.147 (3) (ac) 2. of the statutes is amended to read:
SB197,3,2
1
49.147
(3)
(ac) 2. State
and federal unemployment
reemployment assistance
2
contributions or
federal unemployment
taxes.
SB197,5
3
Section
5
.
49.163 (3) (a) 3. c. of the statutes is amended to read:
SB197,3,5
4
49.163
(3)
(a) 3. c. State
reemployment assistance contributions
and federal
5
unemployment insurance
contributions or
taxes, if any.
SB197,6
6
Section
6
.
71.67 (7) (title) of the statutes is amended to read:
SB197,3,8
7
71.67
(7)
(title)
Withholding from
unemployment compensation
8
insurance
reemployment assistance
.
SB197,7
9
Section
7
.
105.01 (1) (b) 1. of the statutes is amended to read:
SB197,3,15
10
105.01
(1)
(b) 1. The person employing the individuals in addition to wages or
11
salaries pays federal social security taxes, state
reemployment assistance
12
contributions,
and federal unemployment
contributions or
taxes, carries worker’s
13
compensation insurance as required by state law
,
and maintains liability insurance
14
covering the acts of its employees while rendering services to, for or under the
15
direction of a 3rd person; and
SB197,8
16
Section
8
.
105.115 (2) (b) of the statutes is amended to read:
SB197,4,2
17
105.115
(2)
(b) A statement of the employment status of the home care worker,
18
specifically, whether the home care worker is an employee of the home care
19
placement agency or of the home care consumer or is an independent contractor
20
and a statement identifying which party is responsible for paying the wages or
21
salary of the home care worker, paying federal social security taxes and state
22
reemployment assistance contributions
and federal unemployment
contributions or
1
taxes with respect to the home care worker, and procuring worker’s compensation or
2
liability insurance covering injury to the home care worker.
SB197,9
3
Section
9
.
105.115 (2) (c) of the statutes is amended to read:
SB197,4,12
4
105.115
(2)
(c) A statement that, notwithstanding the employment status of
5
the home care worker specified in the notice, the home care consumer may be
6
determined to be the employer of the home care worker for purposes of certain state
7
and federal labor laws and that, if that is the case, the home care consumer may be
8
held responsible for paying the wages or salary of the home care worker, paying
9
federal social security taxes and state
reemployment assistance contributions
and
10
federal unemployment
contributions or
taxes with respect to the home care worker,
11
procuring worker’s compensation or liability insurance covering injury to the home
12
care worker, and complying with various other state and federal labor laws.
SB197,10
13
Section
10
.
105.115 (3) (a) 1. of the statutes is amended to read:
SB197,4,18
14
105.115
(3)
(a) 1. A statement identifying which party is responsible for
15
paying the wages or salary of the home care worker, paying federal social security
16
taxes and state
reemployment assistance contributions
and federal unemployment
17
contributions or
taxes with respect to the home care worker, and procuring worker’s
18
compensation or liability insurance covering injury to the home care worker.
SB197,11
19
Section
11
.
105.115 (4) (b) 1. of the statutes is amended to read:
SB197,5,7
20
105.115
(4)
(b) 1. If the department finds that a home care placement agency
21
has failed to provide a home care consumer with the notice required under sub. (2)
22
and that the home care consumer is liable for the payment of federal social security
23
taxes or state
reemployment assistance contributions
or federal unemployment
1
contributions or
taxes with respect to the home care worker, for the provision of
2
worker’s compensation or liability insurance covering injury to the home care
3
worker, for the payment of any fine or penalty imposed on the home care consumer
4
for noncompliance with any state or federal labor law with respect to the home care
5
worker, or for any injury to the home care worker, the department may recover from
6
the home care placement agency, on behalf of the home care consumer, an amount
7
equal to the total cost of those liabilities.
SB197,12
8
Section
12
.
105.115 (4) (b) 3. of the statutes is amended to read:
SB197,5,21
9
105.115
(4)
(b) 3. In the case of a home care consumer who commences an
10
action in circuit court under par. (a), if the circuit court finds that the home care
11
placement agency has failed to provide the home care consumer with the notice
12
required under sub. (2) and that the home care consumer is liable for the payment
13
of federal social security taxes or state
reemployment assistance contributions
or
14
federal unemployment
contributions or
taxes with respect to the home care worker,
15
for the provision of worker’s compensation or liability insurance covering injury to
16
the home care worker, for the payment of any fine or penalty imposed on the home
17
care consumer for noncompliance with any state or federal labor law with respect to
18
the home care worker, or for any injury to the home care worker, the court may order
19
the home care placement agency to pay to the home care consumer an amount equal
20
to the total cost of those liabilities, together with costs under ch. 814 and,
21
notwithstanding s. 814.04 (1), reasonable attorney fees.
SB197,13
22
Section
13
.
106.38 (3) (c) 3. of the statutes is amended to read:
SB197,6,2
1
106.38
(3)
(c) 3. State
reemployment assistance contributions
and federal
2
unemployment insurance
contributions or
taxes, if any.
SB197,14
3
Section
14
.
Chapter 108 (title) of the statutes is repealed and recreated to
4
read:
SB197,6,6
5
CHAPTER 108
6
REEMPLOYMENT ASSISTANCE
SB197,15
7
Section
15
.
108.01 (2m) of the statutes is created to read:
SB197,6,12
8
108.01
(2m)
The federal Social Security Act requires that, in order for an
9
individual to be eligible for reemployment assistance benefits, the individual must
10
be able to work, available to work, and actively seeking work. The reemployment
11
assistance program in Wisconsin should enact and focus on policies that
12
complement individuals’ efforts to find employment.
SB197,16
13
Section
16
.
108.013 of the statutes is created to read:
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true
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