This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB898,26 24Section 26 . 102.17 (1) (cg) of the statutes is amended to read:
SB898,13,6
1102.17 (1) (cg) 1. Except as provided in subd. 2m., the department division shall
2require each applicant for a license under par. (c) who is an individual to provide the
3department division with the applicant's social security number, and shall require
4each applicant for a license under par. (c) who is not an individual to provide the
5department division with the applicant's federal employer identification number,
6when initially applying for or applying to renew the license.
SB898,13,137 2. If an applicant who is an individual fails to provide the applicant's social
8security number to the department division or if an applicant who is not an
9individual fails to provide the applicant's federal employer identification number to
10the department division, the department division may not issue or renew a license
11under par. (c) to or for the applicant unless the applicant is an individual who does
12not have a social security number and the applicant submits a statement made or
13subscribed under oath or affirmation as required under subd. 2m.
SB898,13,1814 2m. If an applicant who is an individual does not have a social security number,
15the applicant shall submit a statement made or subscribed under oath or affirmation
16to the department division that the applicant does not have a social security number.
17The form of the statement shall be prescribed by the department division. A license
18issued in reliance upon a false statement submitted under this subdivision is invalid.
SB898,13,2419 3. The department of workforce development division may not disclose any
20information received under subd. 1. to any person except to the department of
21revenue for the sole purpose of requesting certifications under s. 73.0301, the
22department of workforce development for the sole purpose of requesting
23certifications under s. 108.227,
or the department of children and families for
24purposes of administering s. 49.22.
SB898,27 25Section 27 . 102.17 (1) (cr) of the statutes is amended to read:
SB898,14,6
1102.17 (1) (cr) The department division shall deny an application for the
2issuance or renewal of a license under par. (c), or revoke such a license already issued,
3if the department of revenue certifies under s. 73.0301 that the applicant or licensee
4is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this
5paragraph is subject to review only as provided under s. 73.0301 (5) and not as
6provided in ch. 227.
SB898,28 7Section 28 . 102.17 (1) (ct) of the statutes is repealed and recreated to read:
SB898,14,138 102.17 (1) (ct) The division shall deny an application for the issuance or
9renewal of a license under par. (c), or revoke such a license already issued, if the
10department certifies under s. 108.227 that the applicant or licensee is liable for
11delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding par. (c),
12an action taken under this paragraph is subject to review only as provided under s.
13108.227 (5) and not as provided in ch. 227.
SB898,29 14Section 29 . 102.18 (2) (a) of the statutes is amended to read:
SB898,14,1715 102.18 (2) (a) The department shall have and maintain on its staff such
16examiners as are necessary to hear and decide claims for compensation described in
17s. 102.16 (1) (b) 1. and to assist in the effective administration of this chapter.
SB898,30 18Section 30 . 102.18 (3) of the statutes is amended to read:
SB898,15,1019 102.18 (3) A party in interest may petition the commission for review of an
20examiner's decision awarding or denying compensation if the department, the
21division, or the commission receives the petition within 21 days after the department
22or the division mailed a copy of the examiner's findings and order to the last-known
23addresses of the parties in interest. The commission shall dismiss a petition that is
24not filed within those 21 days unless the petitioner shows that the petition was filed
25late for a reason that was beyond the petitioner's control. If no petition is filed within

1those 21 days, the findings or order shall be considered final unless set aside,
2reversed, or modified by the examiner within that time. If the findings or order are
3set aside by the examiner, the status shall be the same as prior to the setting aside
4of
the findings or order that were set aside. If the findings or order are reversed or
5modified by the examiner, the time for filing a petition commences on the date on
6which notice of the reversal or modification is mailed to the last-known addresses
7of the parties in interest. The commission shall either affirm, reverse, set aside, or
8modify the findings or order, in whole or in part, or direct the taking of additional
9evidence. The commission's action shall be based on a review of the evidence
10submitted.
SB898,31 11Section 31 . 102.33 (2) (b) 7. of the statutes is created to read:
SB898,15,1712 102.33 (2) (b) 7. The requester is the department of health services, a county
13department of social services under s. 46.215 or 46.22, or a county department of
14human services under s. 46.23, and the request is limited to the name and address
15of the employee who is the subject of the record, the name and address of the
16employee's employer, and any financial information about that employee contained
17in the record.
SB898,32 18Section 32. 102.39 (title) of the statutes is repealed.
SB898,33 19Section 33 . 102.39 of the statutes is renumbered 102.15 (1) (a) and amended
20to read:
SB898,15,2521 102.15 (1) (a) The department may promulgate rules as necessary to carry out
22its duties and functions under this chapter.
The provisions of s. 103.005 relating to
23the adoption, publication, modification, and court review of rules or general orders
24of the department shall apply to all rules promulgated or general orders adopted
25under this chapter.
SB898,34
1Section 34. 102.43 (6) (b) of the statutes is amended to read:
SB898,16,102 102.43 (6) (b) In the case of an employee whose average weekly earnings are
3calculated under s. 102.11 (1) (a) (ap) 2., wages received from other employment held
4by the employee when the injury occurred shall be considered in computing actual
5wage loss from the employer in whose employ the employee sustained the injury as
6provided in this paragraph. If an employee's average weekly earnings are calculated
7under s. 102.11 (1) (a) (ap) 2., wages received from other employment held by the
8employee when the injury occurred shall be offset against those average weekly
9earnings and not against the employee's actual earnings in the employment in which
10the employee was engaged at the time of the injury.
SB898,35 11Section 35 . 102.61 (1g) (a) 2. of the statutes is amended to read:
SB898,16,1512 102.61 (1g) (a) 2. The employee was performing part-time employment at the
13time of the injury, the employee's average weekly wage for compensation purposes
14is calculated under s. 102.11 (1) (f) 1. or 2. (ap) 2., and that average weekly wage
15exceeds the employee's gross average weekly wage for the part-time employment.
SB898,36 16Section 36 . 102.80 (1) (d) of the statutes is amended to read:
SB898,16,1817 102.80 (1) (d) Amounts collected from employees or dependents of employees
18under s. 102.81 (4) (b) and (c).
SB898,37 19Section 37 . 102.81 (4) (b) (intro.) of the statutes is amended to read:
SB898,16,2220 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
21the employee's employer or a 3rd party liable under s. 102.29, pay to the department
22the lesser of the following:
SB898,38 23Section 38 . 102.81 (4) (b) 2. of the statutes is amended to read:
SB898,16,2524 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee
25or dependent received from the employer or 3rd party.
SB898,39
1Section 39. 102.81 (4) (c) of the statutes is created to read:
SB898,17,42 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd
3party that is liable under s. 102.29, pay to the department the proceeds as specified
4under s. 102.29 (1) (b).
SB898,40 5Section 40 . 102.81 (5) of the statutes is amended to read:
SB898,17,76 102.81 (5) The department of justice may bring an action to collect the a
7payment under sub. (4) (b) or (c).
SB898,41 8Section 41 . 102.82 (1) of the statutes is amended to read:
SB898,17,179 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall
10reimburse the department for any payment made under s. 102.81 (1) to or on behalf
11of an employee of the uninsured employer or to an employee's dependents and for any
12expenses paid by the department in administering the claim of the employee or
13dependents, less amounts repaid by the employee or dependents under s. 102.81 (4)
14(b) or (c). The reimbursement owed under this subsection is due within 30 days after
15the date on which the department notifies the uninsured employer that the
16reimbursement is owed. Interest shall accrue on amounts not paid when due at the
17rate of 1 percent per month.
SB898,42 18Section 42 . 108.227 (1) (e) 16. of the statutes is created to read:
SB898,17,2019 108.227 (1) (e) 16. A license issued by the division of hearings and appeals
20under s. 102.17 (1) (c).
SB898,43 21Section 43 . 108.227 (1) (f) of the statutes is amended to read:
SB898,18,422 108.227 (1) (f) “Licensing department" means the department of
23administration; the division of hearings and appeals; the department of agriculture,
24trade and consumer protection; the board of commissioners of public lands; the
25department of children and families; the ethics commission; the department of

1financial institutions; the department of health services; the department of natural
2resources; the department of public instruction; the department of revenue; the
3department of safety and professional services; the office of the commissioner of
4insurance; or the department of transportation.
SB898,44 5Section 44 . 108.227 (1m) (intro.) of the statutes is amended to read:
SB898,18,116 108.227 (1m) General provisions. (intro.) The department shall promulgate
7rules specifying procedures to be used before taking action under sub. (3) (b) or s.
8102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7),
9or 105.13 (4) with respect to a person whose license or credential is to be denied, not
10renewed, discontinued, suspended, or revoked, including rules with respect to all of
11the following:
SB898,45 12Section 45 . 108.227 (3) (a) 3. of the statutes is amended to read:
SB898,18,1613 108.227 (3) (a) 3. Upon the request of any person whose license or certificate
14has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34
15(10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or
16certificate if the applicant is not liable for delinquent contributions.
SB898,46 17Section 46 . 108.227 (5) (a) of the statutes is amended to read:
SB898,19,918 108.227 (5) (a) The department of workforce development shall conduct a
19hearing requested by a license holder or applicant for a license or license renewal or
20continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275
21(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review
22a certification or determination of contribution delinquency that is the basis of a
23denial, suspension, or revocation of a license or certificate in accordance with this
24section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
25103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph

1is limited to questions of mistaken identity of the license or certificate holder or
2applicant and of prior payment of the contributions that the department of workforce
3development certified or determined the license or certificate holder or applicant
4owes the department. At a hearing under this paragraph, any statement filed by the
5department of workforce development, the licensing department, or the supreme
6court, if the supreme court agrees, may be admitted into evidence and is prima facie
7evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
8a hearing under this paragraph is not entitled to any other notice, hearing, or review,
9except as provided in sub. (6).
SB898,47 10Section 47 . 108.227 (5) (b) 1. of the statutes is amended to read:
SB898,19,1911 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an
12applicant for a license or license renewal or continuation if the department
13determines that the license holder or applicant is not liable for delinquent
14contributions. For a hearing requested in response to an action taken under s. 102.17
15(1) (ct),
103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13
16(4), the department shall grant a license or certificate or reinstate a license or
17certificate if the department determines that the applicant for or the holder of the
18license or certificate is not liable for delinquent contributions, unless there are other
19grounds for denying the application or revoking the license or certificate.
SB898,48 20Section 48 . 108.227 (5) (b) 2. of the statutes is amended to read:
SB898,20,421 108.227 (5) (b) 2. Provide notice that the department of workforce development
22has affirmed its certification of contribution delinquency to a license holder; to an
23applicant for a license, a license renewal, or a license continuation; and to the
24licensing department or the supreme court, if the supreme court agrees. For a
25hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2)

1(bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department
2of workforce development shall provide notice to the license or certificate holder or
3applicant that the department of workforce development has affirmed its
4determination of contribution delinquency.
SB898,49 5Section 49 . Nonstatutory provisions.
SB898,20,116 (1) All rules promulgated by the department of workforce development in effect
7on the effective date of this subsection that are primarily related to licenses issued
8under s. 102.17 (1) (c), as determined by the secretary of administration, remain in
9effect until their specified expiration dates or until amended or repealed by the
10administrator of the division of hearings and appeals in the department of
11administration.
SB898,20,1212 (End)
Loading...
Loading...