Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,202 Section 202. 103.06 (1) (c) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,99,19 103.06 (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):

AB50-ASA2-AA6,203 Section 203. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

AB50-ASA2-AA6,99,23 103.06 (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:

AB50-ASA2-AA6,100,10 (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.

AB50-ASA2-AA6,204 Section 204. 103.06 (10) (f) of the statutes is created to read:

AB50-ASA2-AA6,100,15 103.06 (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.

AB50-ASA2-AA6,205 Section 205. 103.06 (11) of the statutes is created to read:

AB50-ASA2-AA6,100,20 103.06 (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.

AB50-ASA2-AA6,206 Section 206. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

AB50-ASA2-AA6,101,5 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department as follows:

AB50-ASA2-AA6,101,9 1. For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.

AB50-ASA2-AA6,207 Section 207. 108.221 (1) (a) 2. of the statutes is created to read:

AB50-ASA2-AA6,101,13 108.221 (1) (a) 2. For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each employee who is misclassified.

AB50-ASA2-AA6,208 Section 208. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

AB50-ASA2-AA6,101,19 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department as follows:

AB50-ASA2-AA6,101,22 (a) For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

AB50-ASA2-AA6,209 Section 209. 108.221 (2) (b) of the statutes is created to read:

AB50-ASA2-AA6,102,3 108.221 (2) (b) For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $2,000 for each individual so coerced.

AB50-ASA2-AA6,210 Section 210. 108.24 (2m) of the statutes is amended to read:

AB50-ASA2-AA6,102,16 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may, regardless of whether an employer has been subject to any administrative assessment under s. 108.221 or any other penalty or assessment under this chapter, refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

AB50-ASA2-AA6,211 Section 211. 182.01 (8) of the statutes is created to read:

AB50-ASA2-AA6,102,20 182.01 (8) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB50-ASA2-AA6,102,21 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB50-ASA2-AA6,102,22 (b) Articles of organization under s. 183.0201.

AB50-ASA2-AA6,102,23 (c) A statement of qualification under s. 178.0901.

AB50-ASA2-AA6,103,1 (d) A certificate of limited partnership under s. 179.0201.

AB50-ASA2-AA6,212 Section 212. 943.395 (1) (e) of the statutes is created to read:

AB50-ASA2-AA6,103,5 943.395 (1) (e) Presents an application for worker’s compensation insurance coverage that is false or fraudulent or that falsely or fraudulently misclassifies employees to lower worker’s compensation insurance premiums.

AB50-ASA2-AA6,9250 Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,103,15 (1) Employee misclassification. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (v), the dollar amount for fiscal year 2025-26 is increased by $445,700 to increase the authorized FTE positions for the department of workforce development by 3.0 SEG positions to conduct additional audits and investigations to identify and resolve unlawful employment classification practices. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (v), the dollar amount for fiscal year 2026-27 is increased by $445,700 to provide funding for the positions authorized under this subsection.

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,103,21 (1) Worker misclassification penalties. The treatment of ss. 102.82 (2) (a), (ab), and (ad), 102.85 (1) and (2) (c), and 108.221 (1) (a) 2. and (2) (b) first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of assessing penalties.”.

AB50-ASA2-AA6,103,22 21. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,104,2 “Section 213. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and amended to read:

AB50-ASA2-AA6,104,6 102.17 (9) (a) 1m. “Fire fighter” “Firefighter” 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 a fire department.

AB50-ASA2-AA6,214 Section 214. 102.17 (9) (a) 1c. of the statutes is created to read:

AB50-ASA2-AA6,104,9 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

AB50-ASA2-AA6,215 Section 215. 102.17 (9) (a) 1e. of the statutes is created to read:

AB50-ASA2-AA6,104,12 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

AB50-ASA2-AA6,216 Section 216. 102.17 (9) (a) 1g. of the statutes is created to read:

AB50-ASA2-AA6,104,15 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

AB50-ASA2-AA6,217 Section 217. 102.17 (9) (a) 1p. of the statutes is created to read:

AB50-ASA2-AA6,104,22 102.17 (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.

AB50-ASA2-AA6,218 Section 218. 102.17 (9) (b) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,105,8 102.17 (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 firefighter, the claim for compensation for the mental injury, in order to be compensable under this chapter, is subject to all of the following:

AB50-ASA2-AA6,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB50-ASA2-AA6,105,14 (1) Worker’s compensation insurance; rate approval; notice. The commissioner of insurance shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice of the effective date of new rates for worker’s compensation insurance first approved by the commissioner under s. 626.13 after the effective date of this subsection.

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,105,20 (1) First responder PTSD coverage. The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.) first applies to injuries reported on the effective date of rate changes for worker’s compensation insurance approved by the commissioner of insurance under s. 626.13 after the effective date of this subsection.”.

AB50-ASA2-AA6,105,21 22. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,105,23 “Section 9235. Fiscal changes; Public Lands, Board of Commissioners of.

AB50-ASA2-AA6,106,8 (1) Accountant position. In the schedule under s. 20.005 (3) for the appropriation to the board of commissioners of public lands under s. 20.507 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $55,900 to increase the authorized FTE positions for the board by 1.0 GPR accountant positions to assist in the operations of the board. In the schedule under s. 20.005 (3) for the appropriation to the board of commissioners of public lands under s. 20.507 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $74,300 to provide funding for the position authorized under this subsection.”.

AB50-ASA2-AA6,106,9 23. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,106,10 “Section 9244. Fiscal changes; Transportation.

AB50-ASA2-AA6,106,17 (1) Aviation career education. In the schedule under s. 20.005 (3) for the appropriation to the department of transportation under s. 20.395 (2) (ds), the dollar amount for fiscal year 2025-26 is increased by $62,000 for the purpose for which the appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to the department of transportation under s. 20.395 (2) (ds), the dollar amount for fiscal year 2026-27 is increased by $62,000 for the purpose for which the appropriation is made.”.

AB50-ASA2-AA6,106,18 24. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,106,19 “Section 219. 111.335 (3) (ag) of the statutes is created to read:

AB50-ASA2-AA6,107,2 111.335 (3) (ag) 1. Employment discrimination because of conviction record includes a prospective employer requesting an applicant for employment, on an application form or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquiring into or considering the conviction record of an applicant for employment, before the applicant has been selected for an interview by the prospective employer.

AB50-ASA2-AA6,107,6 2. Subdivision 1. does not prohibit a prospective employer from notifying applicants for employment that, subject to this section and ss. 111.321 and 111.322, an individual with a particular conviction record may be disqualified by law or under the employer’s policies from employment in particular positions.

AB50-ASA2-AA6,107,7 3. The department may promulgate rules to implement this paragraph.

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,107,11 (1) Employment discrimination; consideration of conviction record. The treatment of s. 111.335 (3) (ag) first applies to an application for employment submitted to an employer on the effective date of this subsection.

AB50-ASA2-AA6,9450 Section 9450. Effective dates; Workforce Development.

AB50-ASA2-AA6,107,15 (1) Employment discrimination; consideration of conviction record. The treatment of s. 111.335 (3) (ag) and Section 9350 (1) of this act take effect on the first day of the 6th month beginning after publication.”.

AB50-ASA2-AA6,107,16 25. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,107,17 “Section 9150. Nonstatutory provisions; Workforce Development.

AB50-ASA2-AA6,107,18 (1) Minimum wage study committee.

AB50-ASA2-AA6,107,20 (a) The secretary of workforce development shall establish a minimum wage study committee under s. 15.04 (1) (c). The committee shall consist of the following:

AB50-ASA2-AA6,107,21 1. Five members appointed by the governor.

AB50-ASA2-AA6,107,22 2. One member appointed by the speaker of the assembly.

AB50-ASA2-AA6,107,23 3. One member appointed by the minority leader of the assembly.

AB50-ASA2-AA6,108,1 4. One member appointed by the majority leader of the senate.

AB50-ASA2-AA6,108,2 5. One member appointed by the minority leader of the senate.

AB50-ASA2-AA6,108,5 (b) The committee created under par. (a) shall study options to increase the minimum wage for workers in this state to ensure that all Wisconsin workers earn a living wage.

AB50-ASA2-AA6,108,10 (c) No later than October 1, 2026, the committee created under par. (a) shall submit to the governor and the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) a report that includes recommendations regarding the options for achieving a minimum wage and other means of increasing worker compensation in this state that allow a worker to earn a living wage.

AB50-ASA2-AA6,108,12 (d) The minimum wage study committee terminates upon submission of the report under par. (c).”.

AB50-ASA2-AA6,108,13 26. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,108,14 “Section 220. 66.1011 (1) of the statutes is amended to read:

AB50-ASA2-AA6,109,5 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, receipt of rental or housing assistance, as defined in s. 106.50 (1m) (rm), age, or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB50-ASA2-AA6,221 Section 221. 106.50 (1) of the statutes is amended to read:

AB50-ASA2-AA6,109,21 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, receipt of rental or housing assistance, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB50-ASA2-AA6,222 Section 222. 106.50 (1m) (h) of the statutes is amended to read:

AB50-ASA2-AA6,110,5 106.50 (1m) (h) “Discriminate” means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, receipt of rental or housing assistance, age, or ancestry.

AB50-ASA2-AA6,223 Section 223. 106.50 (1m) (rm) of the statutes is created to read:

AB50-ASA2-AA6,110,13 106.50 (1m) (rm) “Rental or housing assistance” means any form of financial contribution from a 3rd party for the purpose of creating or maintaining affordable housing for tenants, purchasers, or other recipients of housing, including assistance provided under 42 USC 1437f, the HOME Investment Partnerships Program administered by the federal Department of Housing and Urban Development, or the Community Development Block Grant Program administered by the federal Department of Housing and Urban Development.”.

AB50-ASA2-AA6,110,14 27. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,110,15 “Section 224. 230.35 (1) (a) 1. of the statutes is amended to read:

AB50-ASA2-AA6,110,17 230.35 (1) (a) 1. One hundred four hours each year for a full year of service during the first 5 2 years of service;