Amendment SA1-SSA2-SB70

SB70-SSA2-SA1,80,5 5. No employee may be a party plaintiff to an action under subd. 3. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

SB70-SSA2-SA1,80,9 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any violation continues is a separate offense.

SB70-SSA2-SA1,80,18 2. Whoever induces any individual who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the individual is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to an individual for work on a project that is not subject to this section during a week in which the individual works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

SB70-SSA2-SA1,81,3 3. Any individual employed on a project of public works that is subject to this section who knowingly allows a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the individual works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

SB70-SSA2-SA1,81,9 4. Whoever induces any individual who seeks to be or is employed on any project of public works that is subject to this section to allow any part of the wages to which the individual is entitled under the contract governing the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

SB70-SSA2-SA1,81,15 5. Any individual who is employed on a project of public works that is subject to this section who knowingly allows any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

SB70-SSA2-SA1,81,18 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (am) or (ar).

SB70-SSA2-SA1,82,6 (12) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) of the names of all persons that the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local governmental unit may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.

SB70-SSA2-SA1,82,12 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having subcontracted a contract for a project of public works to a person that the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

SB70-SSA2-SA1,82,16 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

SB70-SSA2-SA1,83,2 (d) Any person submitting a bid or negotiating a contract on a project of public works that is subject to this section shall, on the date the person submits the bid or negotiates the contract, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date the person submits the bid or negotiates the contract or at any other time within 3 years preceding the date the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

SB70-SSA2-SA1,83,3 (e) The department shall promulgate rules to administer this subsection.

SB70-SSA2-SA1,136 Section 136. 84.41 (3) of the statutes is created to read:

SB70-SSA2-SA1,83,9 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

SB70-SSA2-SA1,137 Section 137. 84.54 of the statutes is repealed.

SB70-SSA2-SA1,138 Section 138. 86.51 of the statutes is repealed.

SB70-SSA2-SA1,139 Section 139. 102.125 (1m) of the statutes is created to read:

SB70-SSA2-SA1,83,21 102.125 (1m) Application and premium fraud. If an insurer has evidence that an application for worker's compensation insurance coverage is fraudulent or that an employer has committed fraud by misclassifying employees to lower the employer's worker's compensation insurance premiums in violation of s. 943.395, the insurer shall report the claim to the department. The department may require an insurer to investigate an allegedly fraudulent application or alleged fraud by misclassification of employees and may provide the insurer with any records of the department relating to that alleged fraud. An insurer that investigates alleged fraud under this subsection shall report the results of that investigation to the department.

SB70-SSA2-SA1,140 Section 140. 102.125 (2) of the statutes is amended to read:

SB70-SSA2-SA1,84,3 102.125 (2) Assistance by department of justice. The department of workforce development may request the department of justice to assist the department of workforce development in an investigation under sub. (1) or (1m) or in the investigation of any other suspected fraudulent activity on the part of an employer, employee, insurer, health care provider, or other person related to worker's compensation.

SB70-SSA2-SA1,141 Section 141. 102.125 (3) of the statutes is amended to read:

SB70-SSA2-SA1,84,10 102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the department shall refer the results of the investigation to the department of justice or to the district attorney of the county in which the alleged violation occurred for prosecution.

SB70-SSA2-SA1,142 Section 142. 102.16 (4) of the statutes is amended to read:

SB70-SSA2-SA1,84,19 102.16 (4) The department and the division have jurisdiction to pass on any question arising out of sub. (3) and to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the any penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee under any arrangement made in violation of sub. (3) without regard to that employee's actual disbursements for those services.

SB70-SSA2-SA1,143 Section 143. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and amended to read:

SB70-SSA2-SA1,84,25 102.17 (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-SSA2-SA1,144 Section 144. 102.17 (9) (a) 1c. of the statutes is created to read:

SB70-SSA2-SA1,85,3 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

SB70-SSA2-SA1,145 Section 145. 102.17 (9) (a) 1e. of the statutes is created to read:

SB70-SSA2-SA1,85,6 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

SB70-SSA2-SA1,146 Section 146. 102.17 (9) (a) 1g. of the statutes is created to read:

SB70-SSA2-SA1,85,9 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

SB70-SSA2-SA1,147 Section 147. 102.17 (9) (a) 1p. of the statutes is created to read:

SB70-SSA2-SA1,85,16 102.17 (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-SSA2-SA1,148 Section 148. 102.17 (9) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,85,25 102.17 (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-SSA2-SA1,149 Section 149. 102.75 (1m) of the statutes is amended to read:

SB70-SSA2-SA1,86,6 102.75 (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-SSA2-SA1,150 Section 150. 102.82 (2) (a) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,86,11 102.82 (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-SSA2-SA1,151 Section 151. 102.82 (2) (ab) of the statutes is created to read:

SB70-SSA2-SA1,86,15 102.82 (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-SSA2-SA1,86,19 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-SSA2-SA1,86,20 2. Three thousand dollars.

SB70-SSA2-SA1,152 Section 152. 102.82 (2) (ad) of the statutes is created to read:

SB70-SSA2-SA1,86,24 102.82 (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-SSA2-SA1,87,4 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-SSA2-SA1,87,5 2. Four thousand dollars.

SB70-SSA2-SA1,153 Section 153. 102.82 (2) (am) of the statutes is amended to read:

SB70-SSA2-SA1,87,10 102.82 (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-SSA2-SA1,154 Section 154. 102.82 (2) (ar) of the statutes is amended to read:

SB70-SSA2-SA1,87,17 102.82 (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-SSA2-SA1,155 Section 155. 102.85 (1) of the statutes is repealed and recreated to read:

SB70-SSA2-SA1,87,22 102.85 (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-SSA2-SA1,88,2 (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-SSA2-SA1,88,6 (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-SSA2-SA1,88,10 (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-SSA2-SA1,156 Section 156. 102.85 (2) of the statutes is repealed and recreated to read:

SB70-SSA2-SA1,88,16 102.85 (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-SSA2-SA1,88,19 (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-SSA2-SA1,88,21 (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-SSA2-SA1,88,23 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation of par. (a) or (b).

SB70-SSA2-SA1,88,25 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation of par. (a) or (b).

SB70-SSA2-SA1,157 Section 157. 103.005 (12) (a) of the statutes is amended to read:

SB70-SSA2-SA1,89,12 103.005 (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-SSA2-SA1,158 Section 158. 103.007 of the statutes is repealed.

SB70-SSA2-SA1,159 Section 159. 103.06 (1) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,89,17 103.06 (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-SSA2-SA1,160 Section 160. 103.06 (1) (c) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,89,21 103.06 (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-SSA2-SA1,161 Section 161. 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-SSA2-SA1,90,3 103.06 (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-SSA2-SA1,90,9 (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-SSA2-SA1,162 Section 162. 103.06 (10) (f) of the statutes is created to read:

SB70-SSA2-SA1,90,14 103.06 (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-SSA2-SA1,163 Section 163. 103.06 (11) of the statutes is created to read:

SB70-SSA2-SA1,90,19 103.06 (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-SSA2-SA1,164 Section 164. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

SB70-SSA2-SA1,90,23 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

SB70-SSA2-SA1,165 Section 165. 103.10 (1) (a) 1. of the statutes is repealed.

SB70-SSA2-SA1,166 Section 166. 103.10 (1) (a) 2. of the statutes is repealed.

SB70-SSA2-SA1,167 Section 167. 103.10 (1) (ap) of the statutes is created to read:

SB70-SSA2-SA1,91,2 103.10 (1) (ap) “Covered active duty” means any of the following:

SB70-SSA2-SA1,91,4 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-SSA2-SA1,91,8 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-SSA2-SA1,168 Section 168. 103.10 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA1,91,13 103.10 (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-SSA2-SA1,169 Section 169. 103.10 (1) (dm) of the statutes is created to read:

SB70-SSA2-SA1,91,15 103.10 (1) (dm) “Grandchild” means the child of a child.