Amendment AA1-SB70

SB70-AA1,87,25 102.17 (9) (a) 1m. “Fire fighter" means any person employed on a full-time basis by the state or any political subdivision as a member or officer of a fire department, including the 1st class cities and state fire marshal and deputies or an individual who volunteers as a member or officer of such a department.

SB70-AA1,157 Section 157. 102.17 (9) (a) 1c. of the statutes is created to read:

SB70-AA1,88,3 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

SB70-AA1,158 Section 158. 102.17 (9) (a) 1e. of the statutes is created to read:

SB70-AA1,88,6 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

SB70-AA1,159 Section 159. 102.17 (9) (a) 1g. of the statutes is created to read:

SB70-AA1,88,9 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

SB70-AA1,160 Section 160. 102.17 (9) (a) 1p. of the statutes is created to read:

SB70-AA1,88,16 102.17 (9) (a) 1p. “Medicolegal investigation staff member" includes a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any individual who assists the office of a coroner or medical examiner with an investigation of a death. “Medicolegal investigation staff member" does not include an individual performing solely administrative functions in the office of a coroner or medical examiner.

SB70-AA1,161 Section 161. 102.17 (9) (b) (intro.) of the statutes is amended to read:

SB70-AA1,88,25 102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is not accompanied by a physical injury and that results in a diagnosis of post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), an emergency medical responder, an emergency services practitioner, a correctional officer, a public safety answering point dispatcher, a coroner, a medical examiner, a medicolegal investigation staff member, or a fire fighter, the claim for compensation for the mental injury, in order to be compensable under this chapter, is subject to all of the following:

SB70-AA1,162 Section 162. 102.75 (1m) of the statutes is amended to read:

SB70-AA1,89,6 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp), and (rr) and may not be used for any other purpose of the state.

SB70-AA1,163 Section 163. 102.82 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA1,89,11 102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a 1st or 2nd determination by the department that an employer was uninsured, an uninsured employers employer shall pay to the department the greater of the following:

SB70-AA1,164 Section 164. 102.82 (2) (ab) of the statutes is created to read:

SB70-AA1,89,15 102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd determination by the department that an employer was uninsured, an uninsured employer shall pay to the department the greater of the following:

SB70-AA1,89,19 1. Three times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker's compensation in the preceding 3-year period, based on the employer's payroll in the preceding 3 years.

SB70-AA1,89,20 2. Three thousand dollars.

SB70-AA1,165 Section 165. 102.82 (2) (ad) of the statutes is created to read:

SB70-AA1,89,24 102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or subsequent determination by the department that an employer was uninsured, an uninsured employer shall pay to the department the greater of the following:

SB70-AA1,90,4 1. Four times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker's compensation in the preceding 3-year period, based on the employer's payroll in the preceding 3 years.

SB70-AA1,90,5 2. Four thousand dollars.

SB70-AA1,166 Section 166. 102.82 (2) (am) of the statutes is amended to read:

SB70-AA1,90,10 102.82 (2) (am) The department may waive any payment owed under par. (a), (ab), or (ad) by an uninsured employer if the department determines that the uninsured employer is subject to this chapter only because the uninsured employer has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).

SB70-AA1,167 Section 167. 102.82 (2) (ar) of the statutes is amended to read:

SB70-AA1,90,17 102.82 (2) (ar) The department may waive any payment owed under par. (a), (ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for the uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured employer was a victim of fraud, misrepresentation or gross negligence by an insurance agent or insurance broker or by a person whom a reasonable person would believe is an insurance agent or insurance broker.

SB70-AA1,168 Section 168. 102.85 (1) of the statutes is repealed and recreated to read:

SB70-AA1,90,22 102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a first violation, forfeit the greater of $1,000 or the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

SB70-AA1,91,2 (b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

SB70-AA1,91,6 (c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

SB70-AA1,91,10 (d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

SB70-AA1,169 Section 169. 102.85 (2) of the statutes is repealed and recreated to read:

SB70-AA1,91,16 102.85 (2) (a) No employer who is required to provide worker's compensation insurance coverage under this chapter may give false information about the coverage to his or her employees, the department, or any other person who contracts with the employer and who requests evidence of worker's compensation in relation to that contract.

SB70-AA1,91,19 (b) No employer who is required to provide worker's compensation insurance coverage under this chapter may fail to notify a person who contracts with the employer that the coverage has been canceled in relation to that contract.

SB70-AA1,91,21 (c) 1. An employer who violates par. (a) or (b) shall, except as provided in subds. 2. and 3., forfeit not less than $100 and not more than $1,000.

SB70-AA1,91,23 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation of par. (a) or (b).

SB70-AA1,91,25 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation of par. (a) or (b).

SB70-AA1,170 Section 170. 103.005 (12) (a) of the statutes is amended to read:

SB70-AA1,92,12 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person that fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

SB70-AA1,171 Section 171. 103.007 of the statutes is repealed.

SB70-AA1,172 Section 172. 103.06 (1) (b) (intro.) of the statutes is amended to read:

SB70-AA1,92,17 103.06 (1) (b) (intro.) “Employee" means , for purposes of compliance with the requirements specified in sub. (3) (a), any of the following who is employed by an employer:

SB70-AA1,173 Section 173. 103.06 (1) (c) (intro.) of the statutes is amended to read:

SB70-AA1,92,21 103.06 (1) (c) (intro.) “Employer" means , for purposes of compliance with the requirements specified in sub. (3) (a), any of the following that is engaged in the work described in s. 108.18 (2) (c):

SB70-AA1,174 Section 174. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

SB70-AA1,93,3 103.06 (10) Worker classification compliance; duties of department. (intro.) For purposes of promoting and achieving compliance by employers with the laws specified in sub. (3) (a) through the proper classification of persons performing services for an employer as employees and nonemployees, the The department shall do all of the following:

SB70-AA1,93,9 (a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees. The department shall establish and maintain on the department's website information regarding worker classification laws, requirements for employers and employees, penalties for noncompliance, and contact information at each state agency that administers worker classification laws.

SB70-AA1,175 Section 175. 103.06 (10) (f) of the statutes is created to read:

SB70-AA1,93,14 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

SB70-AA1,176 Section 176. 103.06 (11) of the statutes is created to read:

SB70-AA1,93,19 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

SB70-AA1,177 Section 177. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

SB70-AA1,93,23 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

SB70-AA1,178 Section 178. 103.10 (1) (a) 1. of the statutes is repealed.

SB70-AA1,179 Section 179. 103.10 (1) (a) 2. of the statutes is repealed.

SB70-AA1,180 Section 180. 103.10 (1) (ap) of the statutes is created to read:

SB70-AA1,94,2 103.10 (1) (ap) “Covered active duty” means any of the following:

SB70-AA1,94,4 1. For a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

SB70-AA1,94,8 2. For a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

SB70-AA1,181 Section 181. 103.10 (1) (b) of the statutes is amended to read:

SB70-AA1,94,13 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

SB70-AA1,182 Section 182. 103.10 (1) (dm) of the statutes is created to read:

SB70-AA1,94,15 103.10 (1) (dm) “Grandchild” means the child of a child.

SB70-AA1,183 Section 183. 103.10 (1) (dp) of the statutes is created to read:

SB70-AA1,94,17 103.10 (1) (dp) “Grandparent” means the parent of a parent.

SB70-AA1,184 Section 184. 103.10 (1) (em) of the statutes is created to read:

SB70-AA1,94,19 103.10 (1) (em) “Medical isolation” means any of the following:

SB70-AA1,94,23 1. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

SB70-AA1,94,25 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

SB70-AA1,95,3 3. When an individual's employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

SB70-AA1,185 Section 185. 103.10 (1) (gm) of the statutes is created to read:

SB70-AA1,95,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB70-AA1,186 Section 186. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

SB70-AA1,187 Section 187. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

SB70-AA1,188 Section 188. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

SB70-AA1,189 Section 189. 103.10 (2) (c) of the statutes is amended to read:

SB70-AA1,95,13 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

SB70-AA1,190 Section 190. 103.10 (3) (a) of the statutes is repealed.

SB70-AA1,191 Section 191. 103.10 (3) (b) 3. of the statutes is amended to read:

SB70-AA1,95,18 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

SB70-AA1,192 Section 192. 103.10 (3) (b) 4. of the statutes is created to read:

SB70-AA1,95,23 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

SB70-AA1,193 Section 193. 103.10 (3) (b) 5. of the statutes is created to read:

SB70-AA1,96,4 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap in childcare for the employee's child, grandchild, or sibling that the employee must fill. The department may define by rule “unforeseen or unexpected short-term gap in childcare.”

SB70-AA1,194 Section 194. 103.10 (3) (b) 6. of the statutes is created to read:

SB70-AA1,96,8 103.10 (3) (b) 6. To care for the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, parent, grandparent, grandchild, or sibling is in medical isolation.

SB70-AA1,195 Section 195. 103.10 (3) (b) 7. of the statutes is created to read:

SB70-AA1,96,12 103.10 (3) (b) 7. To address issues of the employee or the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling related to being the victim of domestic abuse, sexual abuse, or stalking.