This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA6,1933Section 193. 102.16 (4) of the statutes is amended to read:
AB50-ASA2-AA6,96,114102.16 (4) The department and the division have jurisdiction to pass on any
5question arising out of sub. (3) and to order the employer to reimburse an employee
6or other person for any sum deducted from wages or paid by him or her in violation
7of that subsection. In addition to the any penalty provided in s. 102.85 (1), any
8employer violating sub. (3) shall be liable to an injured employee for the reasonable
9value of the necessary services rendered to that employee under any arrangement
10made in violation of sub. (3) without regard to that employees actual
11disbursements for those services.
AB50-ASA2-AA6,19412Section 194. 102.82 (2) (a) (intro.) of the statutes is amended to read:
AB50-ASA2-AA6,96,1613102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a
14first or 2nd determination by the department that an employer was uninsured, an
15uninsured employers employer shall pay to the department the greater of the
16following:
AB50-ASA2-AA6,19517Section 195. 102.82 (2) (ab) of the statutes is created to read:
AB50-ASA2-AA6,96,2018102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd
19determination by the department that an employer was uninsured, an uninsured
20employer shall pay to the department the greater of the following:
AB50-ASA2-AA6,97,2211. Three times the amount determined by the department to equal what the
22uninsured employer would have paid during periods of illegal nonpayment for

1workers compensation in the preceding 3-year period, based on the employers
2payroll in the preceding 3 years.
AB50-ASA2-AA6,97,332. Three thousand dollars.
AB50-ASA2-AA6,1964Section 196. 102.82 (2) (ad) of the statutes is created to read:
AB50-ASA2-AA6,97,75102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or
6subsequent determination by the department that an employer was uninsured, an
7uninsured employer shall pay to the department the greater of the following:
AB50-ASA2-AA6,97,1181. Four times the amount determined by the department to equal what the
9uninsured employer would have paid during periods of illegal nonpayment for
10workers compensation in the preceding 3-year period, based on the employers
11payroll in the preceding 3 years.
AB50-ASA2-AA6,97,12122. Four thousand dollars.
AB50-ASA2-AA6,19713Section 197. 102.82 (2) (am) of the statutes is amended to read:
AB50-ASA2-AA6,97,1714102.82 (2) (am) The department may waive any payment owed under par. (a),
15(ab), or (ad) by an uninsured employer if the department determines that the
16uninsured employer is subject to this chapter only because the uninsured employer
17has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).
AB50-ASA2-AA6,19818Section 198. 102.82 (2) (ar) of the statutes is amended to read:
AB50-ASA2-AA6,98,219102.82 (2) (ar) The department may waive any payment owed under par. (a),
20(ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for
21the uninsured employers failure to comply with s. 102.28 (2) is that the uninsured
22employer was a victim of fraud, misrepresentation or gross negligence by an

1insurance agent or insurance broker or by a person whom a reasonable person
2would believe is an insurance agent or insurance broker.
AB50-ASA2-AA6,1993Section 199. 102.85 (1) of the statutes is repealed and recreated to read:
AB50-ASA2-AA6,98,74102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28
5(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the
6amount of the premium that would have been payable for each time the employer
7failed to comply with s. 102.16 (3) or 102.28 (2).
AB50-ASA2-AA6,98,118(b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
9employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the
10amount of the premium that would have been payable for each time the employer
11failed to comply with s. 102.16 (3) or 102.28 (2).
AB50-ASA2-AA6,98,1512(c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
13employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the
14amount of the premium that would have been payable for each time the employer
15failed to comply with s. 102.16 (3) or 102.28 (2).
AB50-ASA2-AA6,98,1916(d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
17employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4
18times the amount of the premium that would have been payable for each time the
19employer failed to comply with s. 102.16 (3) or 102.28 (2).
AB50-ASA2-AA6,20020Section 200. 102.85 (2) of the statutes is repealed and recreated to read:
AB50-ASA2-AA6,99,221102.85 (2) (a) No employer who is required to provide workers compensation
22insurance coverage under this chapter may give false information about the
23coverage to his or her employees, the department, or any other person who contracts

1with the employer and who requests evidence of workers compensation in relation
2to that contract.
AB50-ASA2-AA6,99,53(b) No employer who is required to provide workers compensation insurance
4coverage under this chapter may fail to notify a person who contracts with the
5employer that the coverage has been canceled in relation to that contract.
AB50-ASA2-AA6,99,76(c) 1. An employer who violates par. (a) or (b) shall, except as provided in
7subds. 2. and 3., forfeit not less than $100 and not more than $1,000.
AB50-ASA2-AA6,99,982. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd
9violation of par. (a) or (b).
AB50-ASA2-AA6,99,11103. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th
11violation of par. (a) or (b).
AB50-ASA2-AA6,20112Section 201. 103.06 (1) (b) (intro.) of the statutes is amended to read:
AB50-ASA2-AA6,99,1513103.06 (1) (b) (intro.) Employee means, for purposes of compliance with the
14requirements specified in sub. (3) (a), any of the following who is employed by an
15employer:
AB50-ASA2-AA6,20216Section 202. 103.06 (1) (c) (intro.) of the statutes is amended to read:
AB50-ASA2-AA6,99,1917103.06 (1) (c) (intro.) Employer means, for purposes of compliance with the
18requirements specified in sub. (3) (a), any of the following that is engaged in the
19work described in s. 108.18 (2) (c):
AB50-ASA2-AA6,20320Section 203. 103.06 (2) of the statutes is renumbered 103.06 (10), and
21103.06 (10) (intro.) and (a), as renumbered, are amended to read:
AB50-ASA2-AA6,99,2322103.06 (10) Worker classification compliance; duties of department.
23(intro.) For purposes of promoting and achieving compliance by employers with the

1laws specified 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:
AB50-ASA2-AA6,100,104(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
7departments 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
10laws.
AB50-ASA2-AA6,20411Section 204. 103.06 (10) (f) of the statutes is created to read:
AB50-ASA2-AA6,100,1512103.06 (10) (f) Design and make available to employers a notice regarding
13worker classification laws, requirements for employers and employees, and
14penalties for noncompliance. The department shall promulgate rules to implement
15this paragraph.
AB50-ASA2-AA6,20516Section 205. 103.06 (11) of the statutes is created to read:
AB50-ASA2-AA6,100,2017103.06 (11) Notice. All employers shall post, in one or more conspicuous
18places where notices to employees are customarily posted, the notice designed by
19the department under sub. (10) (f). Any employer who violates this subsection shall
20forfeit not more than $100 for each offense.
AB50-ASA2-AA6,20621Section 206. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a)
22(intro.) and amended to read:
AB50-ASA2-AA6,101,523108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged

1in the painting or drywall finishing of buildings or other structures who knowingly
2and intentionally provides false information to the department for the purpose of
3misclassifying or attempting to misclassify an individual who is an employee of the
4employer as a nonemployee shall, for each incident, be assessed a penalty by the
5department as follows:
AB50-ASA2-AA6,101,961. For each act occurring before the date of the first determination of a
7violation of this subsection, the employer shall be assessed a penalty in the amount
8of $500 for each employee who is misclassified, but not to exceed $7,500 per
9incident.
AB50-ASA2-AA6,20710Section 207. 108.221 (1) (a) 2. of the statutes is created to read:
AB50-ASA2-AA6,101,1311108.221 (1) (a) 2. For each act occurring after the date of the first
12determination of a violation of this subsection, the employer shall be assessed a
13penalty in the amount of $1,000 for each employee who is misclassified.
AB50-ASA2-AA6,20814Section 208. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.)
15and amended to read:
AB50-ASA2-AA6,101,1916108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in
17the painting or drywall finishing of buildings or other structures who, through
18coercion, requires an individual to adopt the status of a nonemployee shall be
19assessed a penalty by the department as follows:
AB50-ASA2-AA6,101,2220(a) For each act occurring before the date of the first determination of a
21violation of this subsection, the employer shall be assessed a penalty in the amount
22of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.
AB50-ASA2-AA6,20923Section 209. 108.221 (2) (b) of the statutes is created to read:
AB50-ASA2-AA6,102,3
1108.221 (2) (b) For each act occurring after the date of the first determination
2of a violation of this subsection, the employer shall be assessed a penalty in the
3amount of $2,000 for each individual so coerced.
AB50-ASA2-AA6,2104Section 210. 108.24 (2m) of the statutes is amended to read:
AB50-ASA2-AA6,102,165108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the
6painting or drywall finishing of buildings or other structures who, after having
7previously been assessed an administrative penalty by the department under s.
8108.221 (1), knowingly and intentionally provides false information to the
9department for the purpose of misclassifying or attempting to misclassify an
10individual who is an employee of the employer as a nonemployee shall be fined
11$1,000 for each employee who is misclassified, subject to a maximum fine of $25,000
12for each violation. The department may, regardless of whether an employer has
13been subject to any administrative assessment under s. 108.221 or any other
14penalty or assessment under this chapter, refer violations of this subsection for
15prosecution by the department of justice or the district attorney for the county in
16which the violation occurred.
AB50-ASA2-AA6,21117Section 211. 182.01 (8) of the statutes is created to read:
AB50-ASA2-AA6,102,2018182.01 (8) Information to be provided with business formation filings.
19The department shall provide informational materials and resources on worker
20misclassification to each person who files with the department any of the following:
AB50-ASA2-AA6,102,2121(a) Articles of incorporation under s. 180.0202 or 181.0202.
AB50-ASA2-AA6,102,2222(b) Articles of organization under s. 183.0201.
AB50-ASA2-AA6,102,2323(c) A statement of qualification under s. 178.0901.
AB50-ASA2-AA6,103,1
1(d) A certificate of limited partnership under s. 179.0201.
AB50-ASA2-AA6,2122Section 212. 943.395 (1) (e) of the statutes is created to read:
AB50-ASA2-AA6,103,53943.395 (1) (e) Presents an application for workers compensation insurance
4coverage that is false or fraudulent or that falsely or fraudulently misclassifies
5employees to lower workers compensation insurance premiums.
AB50-ASA2-AA6,92506Section 9250. Fiscal changes; Workforce Development.
AB50-ASA2-AA6,103,157(1) Employee misclassification. In the schedule under s. 20.005 (3) for the
8appropriation to the department of workforce development under s. 20.445 (1) (v),
9the dollar amount for fiscal year 2025-26 is increased by $445,700 to increase the
10authorized FTE positions for the department of workforce development by 3.0 SEG
11positions to conduct additional audits and investigations to identify and resolve
12unlawful employment classification practices. In the schedule under s. 20.005 (3)
13for the appropriation to the department of workforce development under s. 20.445
14(1) (v), the dollar amount for fiscal year 2026-27 is increased by $445,700 to provide
15funding for the positions authorized under this subsection.
AB50-ASA2-AA6,935016Section 9350. Initial applicability; Workforce Development.
AB50-ASA2-AA6,103,2117(1) Worker misclassification penalties. The treatment of ss. 102.82 (2)
18(a), (ab), and (ad), 102.85 (1) and (2) (c), and 108.221 (1) (a) 2. and (2) (b) first applies
19to violations committed on the effective date of this subsection, but does not
20preclude the counting of other violations as prior violations for purposes of
21assessing penalties..
AB50-ASA2-AA6,103,222221. At the appropriate places, insert all of the following:
AB50-ASA2-AA6,104,2
1Section 213. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a)
21m. and amended to read:
AB50-ASA2-AA6,104,63102.17 (9) (a) 1m. Fire fighter Firefighter means any person employed on
4a full-time basis by the state or any political subdivision as a member or officer of a
5fire department, including the 1st class cities and state fire marshal and deputies,
6or an individual who volunteers as a member or officer of a fire department.
AB50-ASA2-AA6,2147Section 214. 102.17 (9) (a) 1c. of the statutes is created to read:
AB50-ASA2-AA6,104,98102.17 (9) (a) 1c. Correctional officer has the meaning given in s. 102.475
9(8) (a).
AB50-ASA2-AA6,21510Section 215. 102.17 (9) (a) 1e. of the statutes is created to read:
AB50-ASA2-AA6,104,1211102.17 (9) (a) 1e. Emergency medical responder has the meaning given in s.
12256.01 (4p).
AB50-ASA2-AA6,21613Section 216. 102.17 (9) (a) 1g. of the statutes is created to read:
AB50-ASA2-AA6,104,1514102.17 (9) (a) 1g. Emergency medical services practitioner has the meaning
15given in s. 256.01 (5).
AB50-ASA2-AA6,21716Section 217. 102.17 (9) (a) 1p. of the statutes is created to read:
AB50-ASA2-AA6,104,2217102.17 (9) (a) 1p. Medicolegal investigation staff member includes a chief
18deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
19who assists the office of a coroner or medical examiner with an investigation of a
20death. Medicolegal investigation staff member does not include an individual
21performing solely administrative functions in the office of a coroner or medical
22examiner.
AB50-ASA2-AA6,21823Section 218. 102.17 (9) (b) (intro.) of the statutes is amended to read:
AB50-ASA2-AA6,105,8
1102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
2not accompanied by a physical injury and that results in a diagnosis of post-
3traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig),
4an emergency medical responder, an emergency services practitioner, a correctional
5officer, a public safety answering point dispatcher, a coroner, a medical examiner, a
6medicolegal investigation staff member, or a fire fighter firefighter, the claim for
7compensation for the mental injury, in order to be compensable under this chapter,
8is subject to all of the following:
AB50-ASA2-AA6,91509Section 9150. Nonstatutory provisions; Workforce Development.
AB50-ASA2-AA6,105,1410(1) Workers compensation insurance; rate approval; notice. The
11commissioner of insurance shall submit to the legislative reference bureau for
12publication in the Wisconsin Administrative Register a notice of the effective date of
13new rates for workers compensation insurance first approved by the commissioner
14under s. 626.13 after the effective date of this subsection.
AB50-ASA2-AA6,935015Section 9350. Initial applicability; Workforce Development.
AB50-ASA2-AA6,105,2016(1) First responder PTSD coverage. The treatment of s. 102.17 (9) (a) 1.,
171c., 1e., 1g., and 1p. and (b) (intro.) first applies to injuries reported on the effective
18date of rate changes for workers compensation insurance approved by the
19commissioner of insurance under s. 626.13 after the effective date of this
20subsection..
AB50-ASA2-AA6,105,212122. At the appropriate places, insert all of the following:
AB50-ASA2-AA6,105,2322Section 9235. Fiscal changes; Public Lands, Board of
23Commissioners of.
AB50-ASA2-AA6,106,8
1(1) Accountant position. In the schedule under s. 20.005 (3) for the
2appropriation to the board of commissioners of public lands under s. 20.507 (1) (a),
3the dollar amount for fiscal year 2025-26 is increased by $55,900 to increase the
4authorized FTE positions for the board by 1.0 GPR accountant positions to assist in
5the operations of the board. In the schedule under s. 20.005 (3) for the
6appropriation to the board of commissioners of public lands under s. 20.507 (1) (a),
7the dollar amount for fiscal year 2026-27 is increased by $74,300 to provide funding
8for the position authorized under this subsection..
AB50-ASA2-AA6,106,9923. At the appropriate places, insert all of the following:
AB50-ASA2-AA6,106,1010Section 9244. Fiscal changes; Transportation.
AB50-ASA2-AA6,106,1711(1) Aviation career education. In the schedule under s. 20.005 (3) for the
12appropriation to the department of transportation under s. 20.395 (2) (ds), the
13dollar amount for fiscal year 2025-26 is increased by $62,000 for the purpose for
14which the appropriation is made. In the schedule under s. 20.005 (3) for the
15appropriation to the department of transportation under s. 20.395 (2) (ds), the
16dollar amount for fiscal year 2026-27 is increased by $62,000 for the purpose for
17which the appropriation is made..
AB50-ASA2-AA6,106,181824. At the appropriate places, insert all of the following:
AB50-ASA2-AA6,106,1919Section 219. 111.335 (3) (ag) of the statutes is created to read:
AB50-ASA2-AA6,107,220111.335 (3) (ag) 1. Employment discrimination because of conviction record
21includes a prospective employer requesting an applicant for employment, on an
22application form or otherwise, to supply information regarding the conviction
23record of the applicant, or otherwise inquiring into or considering the conviction

1record of an applicant for employment, before the applicant has been selected for an
2interview by the prospective employer.
AB50-ASA2-AA6,107,632. Subdivision 1. does not prohibit a prospective employer from notifying
4applicants for employment that, subject to this section and ss. 111.321 and 111.322,
5an individual with a particular conviction record may be disqualified by law or
6under the employers policies from employment in particular positions.
Loading...
Loading...