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SB70-SSA2-SA1,82,6 19(12) Debarment. (a) Except as provided under pars. (b) and (c), the department
20shall notify any local governmental unit applying for a determination under sub. (3)
21of the names of all persons that the department has found to have failed to pay the
22prevailing wage rate determined under sub. (3) or has found to have paid less than
231.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
24hours of labor at any time in the preceding 3 years. The department shall include
25with each name the address of the person and shall specify when the person failed

1to pay the prevailing wage rate and when the person paid less than 1.5 times the
2hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.
3A local governmental unit may not award any contract to the person unless otherwise
4recommended by the department or unless 3 years have elapsed from the date the
5department issued its findings or the date of final determination by a court of
6competent jurisdiction, whichever is later.
SB70-SSA2-SA1,82,127 (b) The department may not include in a notification under par. (a) the name
8of any person on the basis of having subcontracted a contract for a project of public
9works to a person that the department has found to have failed to pay the prevailing
10wage rate determined under sub. (3) or has found to have paid less than 1.5 times
11the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
12labor.
SB70-SSA2-SA1,82,1613 (c) This subsection does not apply to any contractor, subcontractor, or agent
14who in good faith commits a minor violation of this section, as determined on a
15case-by-case basis through administrative hearings with all rights to due process
16afforded to all parties or who has not exhausted or waived all appeals.
SB70-SSA2-SA1,83,217 (d) Any person submitting a bid or negotiating a contract on a project of public
18works that is subject to this section shall, on the date the person submits the bid or
19negotiates the contract, identify any construction business in which the person, or
20a shareholder, officer, or partner of the person, if the person is a business, owns, or
21has owned at least a 25 percent interest on the date the person submits the bid or
22negotiates the contract or at any other time within 3 years preceding the date the
23person submits the bid or negotiates the contract, if the business has been found to
24have failed to pay the prevailing wage rate determined under sub. (3) or to have paid

1less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
2prevailing hours of labor.
SB70-SSA2-SA1,83,33 (e) The department shall promulgate rules to administer this subsection.
SB70-SSA2-SA1,136 4Section 136. 84.41 (3) of the statutes is created to read:
SB70-SSA2-SA1,83,95 84.41 (3) Employment regulations. Employment regulations set forth in s.
6103.50 pertaining to wages and hours shall apply to all projects constructed under
7s. 84.40 in the same manner as such laws apply to projects on other state highways.
8Where applicable, the federal wages and hours law known as the Davis-Bacon act
9shall apply.
SB70-SSA2-SA1,137 10Section 137. 84.54 of the statutes is repealed.
SB70-SSA2-SA1,138 11Section 138. 86.51 of the statutes is repealed.
SB70-SSA2-SA1,139 12Section 139. 102.125 (1m) of the statutes is created to read:
SB70-SSA2-SA1,83,2113 102.125 (1m) Application and premium fraud. If an insurer has evidence that
14an application for worker's compensation insurance coverage is fraudulent or that
15an employer has committed fraud by misclassifying employees to lower the
16employer's worker's compensation insurance premiums in violation of s. 943.395, the
17insurer shall report the claim to the department. The department may require an
18insurer to investigate an allegedly fraudulent application or alleged fraud by
19misclassification of employees and may provide the insurer with any records of the
20department relating to that alleged fraud. An insurer that investigates alleged fraud
21under this subsection shall report the results of that investigation to the department.
SB70-SSA2-SA1,140 22Section 140. 102.125 (2) of the statutes is amended to read:
SB70-SSA2-SA1,84,323 102.125 (2) Assistance by department of justice. The department of workforce
24development may request the department of justice to assist the department of
25workforce development in an investigation under sub. (1) or (1m) or in the

1investigation of any other suspected fraudulent activity on the part of an employer,
2employee, insurer, health care provider, or other person related to worker's
3compensation.
SB70-SSA2-SA1,141 4Section 141. 102.125 (3) of the statutes is amended to read:
SB70-SSA2-SA1,84,105 102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), or
6(2) the department has a reasonable basis to believe that a violation of s. 943.20,
7943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the
8department shall refer the results of the investigation to the department of justice
9or to the district attorney of the county in which the alleged violation occurred for
10prosecution.
SB70-SSA2-SA1,142 11Section 142. 102.16 (4) of the statutes is amended to read:
SB70-SSA2-SA1,84,1912 102.16 (4) The department and the division have jurisdiction to pass on any
13question arising out of sub. (3) and to order the employer to reimburse an employee
14or other person for any sum deducted from wages or paid by him or her in violation
15of that subsection. In addition to the any penalty provided in s. 102.85 (1), any
16employer violating sub. (3) shall be liable to an injured employee for the reasonable
17value of the necessary services rendered to that employee under any arrangement
18made in violation of sub. (3) without regard to that employee's actual disbursements
19for those services.
SB70-SSA2-SA1,143 20Section 143. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m.
21and amended to read:
SB70-SSA2-SA1,84,2522 102.17 (9) (a) 1m. “Fire fighter" means any person employed on a full-time
23basis by the state or any political subdivision as a member or officer of a fire
24department, including the 1st class cities and state fire marshal and deputies or an
25individual who volunteers as a member or officer of such a department
.
SB70-SSA2-SA1,144
1Section 144. 102.17 (9) (a) 1c. of the statutes is created to read:
SB70-SSA2-SA1,85,32 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8)
3(a).
SB70-SSA2-SA1,145 4Section 145. 102.17 (9) (a) 1e. of the statutes is created to read:
SB70-SSA2-SA1,85,65 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s.
6256.01 (4p).
SB70-SSA2-SA1,146 7Section 146. 102.17 (9) (a) 1g. of the statutes is created to read:
SB70-SSA2-SA1,85,98 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning
9given in s. 256.01 (5).
SB70-SSA2-SA1,147 10Section 147. 102.17 (9) (a) 1p. of the statutes is created to read:
SB70-SSA2-SA1,85,1611 102.17 (9) (a) 1p. “Medicolegal investigation staff member" includes a chief
12deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
13who assists the office of a coroner or medical examiner with an investigation of a
14death. “Medicolegal investigation staff member" does not include an individual
15performing solely administrative functions in the office of a coroner or medical
16examiner.
SB70-SSA2-SA1,148 17Section 148. 102.17 (9) (b) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,85,2518 102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
19not accompanied by a physical injury and that results in a diagnosis of
20post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1)
21(ig), an emergency medical responder, an emergency services practitioner, a
22correctional officer, a public safety answering point dispatcher, a coroner, a medical
23examiner, a medicolegal investigation staff member,
or a fire fighter, the claim for
24compensation for the mental injury, in order to be compensable under this chapter,
25is subject to all of the following:
SB70-SSA2-SA1,149
1Section 149. 102.75 (1m) of the statutes is amended to read:
SB70-SSA2-SA1,86,62 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28
3(2) and 102.31 (7), together with all accrued interest, shall constitute a separate
4nonlapsible fund designated as the worker's compensation operations fund. Moneys
5in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra),
6(rb), and (rp), and (rr) and may not be used for any other purpose of the state.
SB70-SSA2-SA1,150 7Section 150. 102.82 (2) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,86,118 102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a
91st or 2nd determination by the department that an employer was uninsured, an

10uninsured employers employer shall pay to the department the greater of the
11following:
SB70-SSA2-SA1,151 12Section 151. 102.82 (2) (ab) of the statutes is created to read:
SB70-SSA2-SA1,86,1513 102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd
14determination by the department that an employer was uninsured, an uninsured
15employer shall pay to the department the greater of the following:
SB70-SSA2-SA1,86,1916 1. Three times the amount determined by the department to equal what the
17uninsured employer would have paid during periods of illegal nonpayment for
18worker's compensation in the preceding 3-year period, based on the employer's
19payroll in the preceding 3 years.
SB70-SSA2-SA1,86,2020 2. Three thousand dollars.
SB70-SSA2-SA1,152 21Section 152. 102.82 (2) (ad) of the statutes is created to read:
SB70-SSA2-SA1,86,2422 102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or
23subsequent determination by the department that an employer was uninsured, an
24uninsured employer shall pay to the department the greater of the following:
SB70-SSA2-SA1,87,4
11. Four times the amount determined by the department to equal what the
2uninsured employer would have paid during periods of illegal nonpayment for
3worker's compensation in the preceding 3-year period, based on the employer's
4payroll in the preceding 3 years.
SB70-SSA2-SA1,87,55 2. Four thousand dollars.
SB70-SSA2-SA1,153 6Section 153. 102.82 (2) (am) of the statutes is amended to read:
SB70-SSA2-SA1,87,107 102.82 (2) (am) The department may waive any payment owed under par. (a),
8(ab), or (ad)
by an uninsured employer if the department determines that the
9uninsured employer is subject to this chapter only because the uninsured employer
10has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).
SB70-SSA2-SA1,154 11Section 154. 102.82 (2) (ar) of the statutes is amended to read:
SB70-SSA2-SA1,87,1712 102.82 (2) (ar) The department may waive any payment owed under par. (a),
13(ab), (ad),
or (ag) or sub. (1) if the department determines that the sole reason for the
14uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured
15employer was a victim of fraud, misrepresentation or gross negligence by an
16insurance agent or insurance broker or by a person whom a reasonable person would
17believe is an insurance agent or insurance broker.
SB70-SSA2-SA1,155 18Section 155. 102.85 (1) of the statutes is repealed and recreated to read:
SB70-SSA2-SA1,87,2219 102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28
20(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the amount
21of the premium that would have been payable for each time the employer failed to
22comply with s. 102.16 (3) or 102.28 (3).
SB70-SSA2-SA1,88,223 (b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
24employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the amount

1of the premium that would have been payable for each time the employer failed to
2comply with s. 102.16 (3) or 102.28 (3).
SB70-SSA2-SA1,88,63 (c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
4employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the amount
5of the premium that would have been payable for each time the employer failed to
6comply with s. 102.16 (3) or 102.28 (3).
SB70-SSA2-SA1,88,107 (d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
8employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4
9times the amount of the premium that would have been payable for each time the
10employer failed to comply with s. 102.16 (3) or 102.28 (3).
SB70-SSA2-SA1,156 11Section 156. 102.85 (2) of the statutes is repealed and recreated to read:
SB70-SSA2-SA1,88,1612 102.85 (2) (a) No employer who is required to provide worker's compensation
13insurance coverage under this chapter may give false information about the coverage
14to his or her employees, the department, or any other person who contracts with the
15employer and who requests evidence of worker's compensation in relation to that
16contract.
SB70-SSA2-SA1,88,1917 (b) No employer who is required to provide worker's compensation insurance
18coverage under this chapter may fail to notify a person who contracts with the
19employer that the coverage has been canceled in relation to that contract.
SB70-SSA2-SA1,88,2120 (c) 1. An employer who violates par. (a) or (b) shall, except as provided in subds.
212. and 3., forfeit not less than $100 and not more than $1,000.
SB70-SSA2-SA1,88,2322 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation
23of par. (a) or (b).
SB70-SSA2-SA1,88,2524 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation
25of par. (a) or (b).
SB70-SSA2-SA1,157
1Section 157. 103.005 (12) (a) of the statutes is amended to read:
SB70-SSA2-SA1,89,122 103.005 (12) (a) If any employer, employee, owner, or other person violates chs.
3103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
4within the time prescribed by the department, for which no penalty has been
5specifically provided, or fails, neglects or refuses to obey any lawful order given or
6made by the department or any judgment or decree made by any court in connection
7with chs. 103 to 106, for each such violation, failure or refusal, the employer,
8employee, owner or other person shall forfeit not less than $10 nor more than $100
9for each offense. This paragraph does not apply to any person that fails to provide
10any information to the department to assist the department in determining
11prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
12103.50 (3) or (4).
SB70-SSA2-SA1,158 13Section 158. 103.007 of the statutes is repealed.
SB70-SSA2-SA1,159 14Section 159. 103.06 (1) (b) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,89,1715 103.06 (1) (b) (intro.) “Employee" means , for purposes of compliance with the
16requirements specified in sub. (3) (a),
any of the following who is employed by an
17employer:
SB70-SSA2-SA1,160 18Section 160. 103.06 (1) (c) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,89,2119 103.06 (1) (c) (intro.) “Employer" means , for purposes of compliance with the
20requirements specified in sub. (3) (a),
any of the following that is engaged in the work
21described in s. 108.18 (2) (c):
SB70-SSA2-SA1,161 22Section 161. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06
23(10) (intro.) and (a), as renumbered, are amended to read:
SB70-SSA2-SA1,90,324 103.06 (10) Worker classification compliance; duties of department. (intro.)
25For purposes of promoting and achieving compliance by employers with the laws

1specified in sub. (3) (a) through the proper classification of persons performing
2services for an employer as employees and nonemployees, the
The department shall
3do all of the following:
SB70-SSA2-SA1,90,94 (a) Educate employers, employees, nonemployees, and the public about the
5proper classification of persons performing services for an employer as employees
6and nonemployees. The department shall establish and maintain on the
7department's website information regarding worker classification laws,
8requirements for employers and employees, penalties for noncompliance, and
9contact information at each state agency that administers worker classification laws.
SB70-SSA2-SA1,162 10Section 162. 103.06 (10) (f) of the statutes is created to read:
SB70-SSA2-SA1,90,1411 103.06 (10) (f) Design and make available to employers a notice regarding
12worker classification laws, requirements for employers and employees, and
13penalties for noncompliance. The department shall promulgate rules to implement
14this paragraph.
SB70-SSA2-SA1,163 15Section 163. 103.06 (11) of the statutes is created to read:
SB70-SSA2-SA1,90,1916 103.06 (11) Notice. All employers shall post, in one or more conspicuous places
17where notices to employees are customarily posted, the notice designed by the
18department under sub. (10) (f). Any employer who violates this subsection shall
19forfeit not more than $100 for each offense.
SB70-SSA2-SA1,164 20Section 164. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a)
21and amended to read:
SB70-SSA2-SA1,90,2322 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
23a legal ward to whom any of the following applies: .
SB70-SSA2-SA1,165 24Section 165. 103.10 (1) (a) 1. of the statutes is repealed.
SB70-SSA2-SA1,166 25Section 166. 103.10 (1) (a) 2. of the statutes is repealed.
SB70-SSA2-SA1,167
1Section 167. 103.10 (1) (ap) of the statutes is created to read:
SB70-SSA2-SA1,91,22 103.10 (1) (ap) “Covered active duty” means any of the following:
SB70-SSA2-SA1,91,43 1. For a member of a regular component of the U.S. armed forces, duty during
4the deployment of the member with the U.S. armed forces to a foreign country.
SB70-SSA2-SA1,91,85 2. For a member of a reserve component of the U.S. armed forces, duty during
6the deployment of the member with the U.S. armed forces to a foreign country under
7a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13)
8(B).
SB70-SSA2-SA1,168 9Section 168. 103.10 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA1,91,1310 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
11means an individual employed in this state by an employer, except the employer's
12parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or
13sibling
.
SB70-SSA2-SA1,169 14Section 169. 103.10 (1) (dm) of the statutes is created to read:
SB70-SSA2-SA1,91,1515 103.10 (1) (dm) “Grandchild” means the child of a child.
SB70-SSA2-SA1,170 16Section 170. 103.10 (1) (dp) of the statutes is created to read:
SB70-SSA2-SA1,91,1717 103.10 (1) (dp) “Grandparent” means the parent of a parent.
SB70-SSA2-SA1,171 18Section 171. 103.10 (1) (em) of the statutes is created to read:
SB70-SSA2-SA1,91,1919 103.10 (1) (em) “Medical isolation” means any of the following:
SB70-SSA2-SA1,91,2320 1. When a health care professional, a local health officer, or the department of
21health services advises that an individual seclude herself or himself from others
22when the individual is awaiting the result of a diagnostic test for a communicable
23disease or when the individual is infected with a communicable disease.
SB70-SSA2-SA1,91,2524 2. When a local health officer or the department of health services advises that
25an individual isolate or quarantine under s. 252.06.
SB70-SSA2-SA1,92,3
13. When an individual's employer advises that the individual not come to the
2workplace due to a concern that the individual may have been exposed to or infected
3with a communicable disease.
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