Amendment ASA1-AB398

AB398-ASA1,5,14 (b) If the applicant is a corporation, limited liability company, limited partnership, or limited liability partnership and is not organized under ch. 178, 179, 180, 181, or 183, evidence that the applicant is registered, or has obtained a certificate of authority or registration, to transact business in this state under s. 178.1003, 179.1002, 180.1503, 181.1503, or 183.0909, as applicable.

AB398-ASA1,5,15 (c) Evidence of compliance with the requirements under ss. 108.17 to 108.205.

AB398-ASA1,5,16 (d) Evidence of compliance with s. 102.28 (2).

AB398-ASA1,5,19 (e) An acknowledgment of worker classification laws and penalties to ensure that construction contractors registered under this section are aware of their obligations.

AB398-ASA1,5,21 (3) The department may directly assess a forfeiture by issuing an order against any person who violates this section.

AB398-ASA1,5,23 (4) The department shall, with the advice of the department of workforce development, promulgate rules to administer and enforce this section.

AB398-ASA1,3 Section 3 . 101.1472 of the statutes is repealed.

AB398-ASA1,4 Section 4 . 101.19 (1g) (m) of the statutes is created to read:

AB398-ASA1,6,1 101.19 (1g) (m) Registering construction contractors under s. 101.147.

AB398-ASA1,5 Section 5 . 102.125 (1m) of the statutes is created to read:

AB398-ASA1,6,11 102.125 (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.

AB398-ASA1,6 Section 6 . 102.125 (2) of the statutes is amended to read:

AB398-ASA1,6,18 102.125 (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.

AB398-ASA1,7 Section 7 . 102.125 (3) of the statutes is amended to read:

AB398-ASA1,6,25 102.125 (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.

AB398-ASA1,8 Section 8. 102.85 (1) (a) of the statutes is amended to read:

AB398-ASA1,7,5 102.85 (1) (a) An For each act occurring before the date of the first determination of a violation of this subsection, an employer who fails to comply with s. 102.16 (3) or 102.28 (2) for less than 11 days shall forfeit not less than $100 nor and not more than $1,000.

AB398-ASA1,9 Section 9 . 102.85 (1) (b) of the statutes is amended to read:

AB398-ASA1,7,11 102.85 (1) (b) An For each act occurring after the date of the first or second determination of a violation of this subsection, an employer who fails to comply with s. 102.16 (3) or 102.28 (2) for more than 10 days shall forfeit not less than $10 nor and not more than $100 for each day on which the employer fails to comply with s. 102.16 (3) or 102.28 (2).

AB398-ASA1,10 Section 10 . 102.85 (1) (c) of the statutes is created to read:

AB398-ASA1,7,16 102.85 (1) (c) For each act occurring after the date of the 3rd determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $3,000 for each act, or 3 times the amount of the premium that would have been payable, whichever is greater.

AB398-ASA1,11 Section 11 . 102.85 (1) (d) of the statutes is created to read:

AB398-ASA1,7,21 102.85 (1) (d) For each act occurring after the date of the 4th determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $4,000 for each act, or 4 times the amount of the premium that would have been payable, whichever is greater.

AB398-ASA1,12 Section 12 . 102.85 (2) (intro.) of the statutes is amended to read:

AB398-ASA1,8,2 102.85 (2) (intro.) An For each act occurring after the date of the first determination under this subsection, an employer who is required to provide worker's compensation insurance coverage under this chapter shall forfeit not less than $100 nor and not more than $1,000 if the employer does any of the following:

AB398-ASA1,13 Section 13 . 102.85 (2j) of the statutes is created to read:

AB398-ASA1,8,6 102.85 (2j) For each act occurring after the date of the 3rd determination under sub. (2), an employer who is required to provide worker's compensation insurance coverage under this chapter shall forfeit $3,000 per violation.

AB398-ASA1,14 Section 14 . 102.85 (2k) of the statutes is created to read:

AB398-ASA1,8,10 102.85 (2k) For each act occurring after the date of the 4th determination under sub. (2), an employer who is required to provide worker's compensation insurance coverage under this chapter shall forfeit $4,000 per violation.

AB398-ASA1,15 Section 15 . 103.005 (4m) of the statutes is created to read:

AB398-ASA1,8,14 103.005 (4m) (a) The department shall design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance.

AB398-ASA1,8,18 (b) All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under par. (a). Any employer who violates this paragraph shall forfeit not more than $100 for each offense.

AB398-ASA1,8,22 (c) 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.

AB398-ASA1,16 Section 16 . 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

AB398-ASA1,9,6 108.221 (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:

AB398-ASA1,9,9 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.

AB398-ASA1,17 Section 17 . 108.221 (1) (a) 2. of the statutes is created to read:

AB398-ASA1,9,13 108.221 (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.

AB398-ASA1,18 Section 18 . 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

AB398-ASA1,9,19 108.221 (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:

AB398-ASA1,9,22 (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.

AB398-ASA1,19 Section 19 . 108.221 (2) (b) of the statutes is created to read:

AB398-ASA1,10,3 108.221 (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.

AB398-ASA1,20 Section 20 . 182.01 (8) of the statutes is created to read:

AB398-ASA1,10,7 182.01 (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:

AB398-ASA1,10,8 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB398-ASA1,10,9 (b) Articles of organization under s. 183.0201.

AB398-ASA1,10,10 (c) A statement of qualification under s. 178.0901.

AB398-ASA1,10,11 (d) A certificate of limited partnership under s. 179.0201.

AB398-ASA1,21 Section 21 . 601.41 (13) of the statutes is created to read:

AB398-ASA1,10,17 601.41 (13) Employee misclassification outreach and education. The commissioner shall, on at least an annual basis, conduct outreach and education to persons subject to regulation under chs. 600 to 655 on how to identify the misclassification of employees as independent contractors and how to report suspected misclassifications to the appropriate federal and state agencies.

AB398-ASA1,22 Section 22 . 943.395 (1) (e) of the statutes is created to read:

AB398-ASA1,10,21 943.395 (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.

AB398-ASA1,23 Section 23 . Nonstatutory provisions.

AB398-ASA1,10,24 (1) Investigation and enforcement of worker classification. The department of workforce development shall do all of the following before December 31, 2024:

AB398-ASA1,11,5 (a) Require the unemployment insurance division, in coordination with the division of personnel management in the department of administration, to review all recruitment and onboarding programs to ensure that auditor positions are correctly classified and the compensation for auditors is comparable to that in the private labor market.

AB398-ASA1,11,8 (b) Review resources available to investigators and auditors and evaluate potential strategies and improvements that could be implemented, including at least all of the following:

AB398-ASA1,11,9 1. Cross-training all investigators and auditors working in the department.

AB398-ASA1,11,10 2. Adding bilingual staff.

AB398-ASA1,11,12 3. Information technology improvements for more efficient exchange of information.

AB398-ASA1,11,17 (2) Reporting. By no later than January 31, 2025, the department of workforce development shall submit a report to the chief clerk of each house of the legislature for distribution to the standing committees of the legislature under s. 13.172 (3) with jurisdiction over workforce development. The report shall include the findings of the department under sub. (1) (a) and (b).

AB398-ASA1,24 Section 24 . Fiscal changes.

AB398-ASA1,12,2 (1) Investigation and enforcement of worker classification. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (gc), the dollar amount for fiscal year 2023-24 is increased by $157,500 to increase the authorized FTE positions for the department by 3.0 PR positions for the purpose of investigating and enforcing worker classification laws and rules. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (gc), the dollar amount for fiscal year 2024-25 is increased by $210,000 for the positions authorized under this subsection.

AB398-ASA1,12,3 (End)