AB50-ASA2-AA6,93,2214(2) Career navigators. In the schedule under s. 20.005 (3) for the 15appropriation to the department of workforce development under s. 20.445 (1) (a), 16the dollar amount for fiscal year 2025-26 is increased by $710,600 to increase the 17authorized FTE positions for the department by 11.0 GPR employment and 18training specialist positions to provide career navigator services. In the schedule 19under s. 20.005 (3) for the appropriation to the department of workforce 20development under s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is 21increased by $910,800 to provide funding for the positions authorized under this 22subsection. AB50-ASA2-AA6,94,723(3) Vocational rehabilitation worker connection program. (a) State 24funding. In the schedule under s. 20.005 (3) for the appropriation to the
1department of workforce development under s. 20.445 (5) (a), the dollar amount for 2fiscal year 2025-26 is increased by $6,356,900 to increase the authorized FTE 3positions for the department by 1.15 GPR vocational rehabilitation services 4positions and provide funding for those services. In the schedule under s. 20.005 (3) 5for the appropriation to the department of workforce development under s. 20.445 6(5) (a), the dollar amount for fiscal year 2026-27 is increased by $9,059,000 to 7provide funding for the positions and services authorized under this subsection. AB50-ASA2-AA6,94,158(b) Federal funding. In the schedule under s. 20.005 (3) for the appropriation 9to the department of workforce development under s. 20.445 (5) (n), the dollar 10amount for fiscal year 2025-26 is increased by $287,900 to increase the authorized 11FTE positions for the department by 3.85 FED vocational rehabilitation services 12positions and provide funding for those services. In the schedule under s. 20.005 (3) 13for the appropriation to the department of workforce development under s. 20.445 14(5) (n), the dollar amount for fiscal year 2026-27 is increased by $20,564,300 to 15provide funding for the positions and services authorized under this subsection. AB50-ASA2-AA6,94,2316(4) Technical education equipment grants. In the schedule under s. 1720.005 (3) for the appropriation to the department of workforce development under 18s. 20.445 (1) (cg), the dollar amount for fiscal year 2025-26 is increased by $200,000 19to provide increased funding for the technical education equipment grants under s. 20106.275. In the schedule under s. 20.005 (3) for the appropriation to the 21department of workforce development under s. 20.445 (1) (cg), the dollar amount for 22fiscal year 2026-27 is increased by $200,000 to provide increased funding for the 23technical education equipment grants under s. 106.275.”. AB50-ASA2-AA6,95,112102.125 (1m) Application and premium fraud. If an insurer has evidence 3that an application for worker’s compensation insurance coverage is fraudulent or 4that an employer has committed fraud by misclassifying employees to lower the 5employer’s worker’s compensation insurance premiums in violation of s. 943.395, 6the insurer shall report the claim to the department. The department may require 7an insurer to investigate an allegedly fraudulent application or alleged fraud by 8misclassification of employees and may provide the insurer with any records of the 9department relating to that alleged fraud. An insurer that investigates alleged 10fraud under this subsection shall report the results of that investigation to the 11department. AB50-ASA2-AA6,95,1813102.125 (2) Assistance by department of justice. The department of 14workforce development may request the department of justice to assist the 15department of workforce development in an investigation under sub. (1) or (1m) or 16in the investigation of any other suspected fraudulent activity on the part of an 17employer, employee, insurer, health care provider, or other person related to 18worker’s compensation. AB50-ASA2-AA6,96,220102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), 21or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 22943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, 23the department shall refer the results of the investigation to the department of
1justice or to the district attorney of the county in which the alleged violation 2occurred for prosecution. 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 employee’s 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-AA6,96,2018102.82 (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
1worker’s compensation in the preceding 3-year period, based on the employer’s 2payroll in the preceding 3 years. AB50-ASA2-AA6,97,332. Three thousand dollars. 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 10worker’s compensation in the preceding 3-year period, based on the employer’s 11payroll in the preceding 3 years. AB50-ASA2-AA6,97,12122. Four thousand dollars. 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-AA6,98,219102.82 (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 employer’s 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 worker’s 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 worker’s compensation in relation 2to that contract. AB50-ASA2-AA6,99,53(b) No employer who is required to provide worker’s 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 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 10laws. 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-AA6,100,2017103.06 (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-AA6,102,3
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-AA6,102,165108.24 (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-AA6,102,2018182.01 (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-AA6,103,53943.395 (1) (e) Presents an application for worker’s compensation insurance 4coverage that is false or fraudulent or that falsely or fraudulently misclassifies 5employees to lower worker’s compensation insurance premiums. 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-AA6,103,2117(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-AA6,104,2
1“Section 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-AA6,105,1410(1) Worker’s 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 worker’s compensation insurance first approved by the commissioner 14under s. 626.13 after the effective date of this subsection.
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