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SB471: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4909/1
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2025 SENATE BILL 471
October 2, 2025 - Introduced by Senators
Wall
,
Dassler-Alfheim
,
Larson
,
Ratcliff
,
Roys
,
Smith
and
Spreitzer
, cosponsored by Representatives
Stroud
,
DeSanto
,
Moore Omokunde
,
Anderson
,
Andraca
,
Arney
,
Bare
,
Brown
,
Clancy
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Hong
,
Joers
,
Kirsch
,
Madison
,
McCarville
,
Miresse
,
Phelps
,
Rivera-Wagner
,
Roe
,
Snodgrass
,
Stubbs
,
Subeck
,
Tenorio
and
Udell
. Referred to Committee on Government Operations, Labor and Economic Development.
SB471,1,4
1
An Act
to repeal
108.04 (2) (bb) and 108.04 (2) (bd);
to amend
108.04 (2) (a)
2
(intro.) and 108.04 (2) (bm);
to repeal and recreate
108.04 (2) (a) 3. and
3
108.04 (2) (b) of the statutes;
relating to:
unemployment insurance work
4
search and registration and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a claimant for unemployment insurance benefits is generally required to register for work and to conduct a work search for each week in order to remain eligible. Current law requires the Department of Workforce Development to waive these requirements under certain circumstances, for example, if a claimant who is laid off from work reasonably expects to be recalled to work within 12 weeks, will start a new job within four weeks, routinely obtains work through a labor union referral, or is participating in a training or work share program. Under current law, DWD may modify the statutory waivers or establish additional waivers by rule only if doing so is required or specifically allowed by federal law.
This bill removes the waiver requirements from statute and instead allows DWD to establish waivers for the registration for work and work search requirements by rule. DWD may establish a waiver by emergency rule if the secretary of workforce development determines that the waiver is needed only on a temporary basis or that permanent rules are not warranted, and the bill allows the secretary to extend the emergency rule for up to 60 days at a time. Also, the bill specifies that the work search requirement does not apply to a claimant who has been laid off but DWD determines that the claimant has a reasonable expectation to be recalled to work.
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:
SB471,1
1
Section
1
.
108.04 (2) (a) (intro.) of the statutes is amended to read:
SB471,2,4
2
108.04
(2)
(a) (intro.) Except as provided in
pars.
par.
(b)
to (bd)
, sub. (16) (am)
3
and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a
4
claimant is eligible for benefits as to any given week only if all of the following apply:
SB471,2
5
Section
2
.
108.04 (2) (a) 3. of the statutes is repealed and recreated to read:
SB471,3,2
6
108.04
(2)
(a) 3. The claimant conducts a reasonable search for suitable work
7
during that week and provides verification of that search to the department. The
8
search for suitable work must include at least 4 actions per week that constitute a
9
reasonable search as prescribed by rule of the department. In addition, the
10
department may, by rule, require a claimant to take more than 4 reasonable work
11
search actions in any week. The department shall require a uniform number of
12
reasonable work search actions for similar types of claimants. This subdivision
13
does not apply to a claimant if the department determines that the claimant is
14
currently laid off from employment with an employer but there is a reasonable
15
expectation of reemployment of the individual by that employer. In determining
16
whether the claimant has a reasonable expectation of reemployment by an
1
employer, the department shall request the employer to verify the claimant’s
2
employment status and shall consider all of the following:
SB471,3,3
3
a. The history of layoffs and reemployments by the employer.
SB471,3,5
4
b. Any information that the employer furnished to the claimant or the
5
department concerning the claimant’s anticipated reemployment date.
SB471,3,7
6
c. Whether the claimant has recall rights with the employer under the terms
7
of any applicable collective bargaining agreement.
SB471,3
8
Section
3
.
108.04 (2) (b) of the statutes is repealed and recreated to read:
SB471,3,11
9
108.04
(2)
(b) 1. The department may, by rule, establish waivers from the
10
registration for work requirement under par. (a) 2. and the work search
11
requirement under par. (a) 3.
SB471,3,21
12
2. a. The department may promulgate rules under subd. 1. as emergency
13
rules, using the procedure under s. 227.24, if the secretary of workforce
14
development determines that the waiver is needed only on a temporary basis or that
15
permanent rules are not warranted. Notwithstanding s. 227.24 (1) (a) and (3), the
16
department is not required to provide evidence that promulgating a rule under this
17
subd. 2. a. as an emergency rule is necessary for the preservation of the public
18
peace, health, safety, or welfare and is not required to provide a finding of
19
emergency for a rule promulgated under this subd. 2. a. Except as provided under
20
subd. 2. b., a rule promulgated under this subd. 2. a. remains in effect only for 150
21
days.
SB471,4,4
22
b. Notwithstanding s. 227.24 (2), the secretary of workforce development may
23
extend the effective period of an emergency rule promulgated under subd. 2. a. for a
24
period specified by the secretary not to exceed 60 days. Any number of extensions
1
may be granted under this subd. 2. b. Whenever the secretary extends an
2
emergency rule under this subd. 2. b., it shall file a statement of its action with the
3
legislative reference bureau. The statement shall identify the specific emergency
4
rule to which it relates.
SB471,4
5
Section
4
.
108.04 (2) (bb) of the statutes is repealed.
SB471,5
6
Section
5
.
108.04 (2) (bd) of the statutes is repealed.
SB471,6
7
Section
6
.
108.04 (2) (bm) of the statutes is amended to read:
SB471,4,15
8
108.04
(2)
(bm) A claimant is ineligible to receive benefits for any week for
9
which there is a determination that the claimant failed to comply with the
10
registration for work and work search requirements under par. (a) 2. or 3. or failed
11
to provide verification to the department that the claimant complied with those
12
requirements, unless the department has waived those requirements under par.
13
(b)
, (bb), or (bd)
or s. 108.062 (10m). If the department has paid benefits to a
14
claimant for any such week, the department may recover the overpayment under s.
15
108.22.
SB471,7
16
Section
7
. Initial applicability.
SB471,4,18
17
(
1
)
This act first applies to initial claims for benefits filed on the effective date
18
of this subsection.
SB471,8
19
Section
8
. Effective date.
SB471,4,20
20
(
1
)
This act takes effect on the first Sunday after publication.
SB471,4,21
21
(end)
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