Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,193 Section 193. 102.16 (4) of the statutes is amended to read:

AB50-ASA2-AA6,96,11 102.16 (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.

AB50-ASA2-AA6,194 Section 194. 102.82 (2) (a) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,96,16 102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a first 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:

AB50-ASA2-AA6,195 Section 195. 102.82 (2) (ab) of the statutes is created to read:

AB50-ASA2-AA6,96,20 102.82 (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:

AB50-ASA2-AA6,97,2 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.

AB50-ASA2-AA6,97,3 2. Three thousand dollars.

AB50-ASA2-AA6,196 Section 196. 102.82 (2) (ad) of the statutes is created to read:

AB50-ASA2-AA6,97,7 102.82 (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:

AB50-ASA2-AA6,97,11 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.

AB50-ASA2-AA6,97,12 2. Four thousand dollars.

AB50-ASA2-AA6,197 Section 197. 102.82 (2) (am) of the statutes is amended to read:

AB50-ASA2-AA6,97,17 102.82 (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).

AB50-ASA2-AA6,198 Section 198. 102.82 (2) (ar) of the statutes is amended to read:

AB50-ASA2-AA6,98,2 102.82 (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.

AB50-ASA2-AA6,199 Section 199. 102.85 (1) of the statutes is repealed and recreated to read:

AB50-ASA2-AA6,98,7 102.85 (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 (2).

AB50-ASA2-AA6,98,11 (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 (2).

AB50-ASA2-AA6,98,15 (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 (2).

AB50-ASA2-AA6,98,19 (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 (2).

AB50-ASA2-AA6,200 Section 200. 102.85 (2) of the statutes is repealed and recreated to read:

AB50-ASA2-AA6,99,2 102.85 (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.

AB50-ASA2-AA6,99,5 (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.

AB50-ASA2-AA6,99,7 (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.

AB50-ASA2-AA6,99,9 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation of par. (a) or (b).

AB50-ASA2-AA6,99,11 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation of par. (a) or (b).

AB50-ASA2-AA6,201 Section 201. 103.06 (1) (b) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,99,15 103.06 (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:

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.