AB50: Bill Text

AB50,840,17 (k) A broadband service provider shall give a subscriber at least 10 days’ advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

AB50,840,22 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

AB50,841,3 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider’s service, including in all of the following types of advertisements:

AB50,841,4 (a) Television and other commercials.

AB50,841,5 (b) Internet and email advertisements.

AB50,841,6 (c) Print advertisements and bill inserts.

AB50,841,8 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB50,841,11 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

AB50,841,15 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

AB50,841,17 (b) The department or a district attorney may institute civil proceedings under this section.

AB50,1595 Section 1595. 100.306 of the statutes is created to read:

AB50,841,20 100.306 Prohibited selling practices upon the occurrence of a severe thunderstorm. (1) Definitions. In this section:

AB50,841,22 (a) “Consumer goods or services” means goods or services that are used primarily for personal, family, or household purposes.

AB50,842,2 (b) “Restoration and mitigation services provider” means a person that provides a service to prevent further damage or provide protection to property following a fire, smoke, water, or storm event.

AB50,842,4 (c) “Severe thunderstorm” means a weather event in which any of the following occurs:

AB50,842,5 1. Hail that is one inch or greater in diameter.

AB50,842,6 2. Wind gusts in excess of 50 knots.

AB50,842,7 3. A tornado.

AB50,842,12 (2) Prohibition. Upon the occurrence of a severe thunderstorm, a residential building contractor, tree trimmer, or restoration and mitigation services provider operating within the geographic region impacted by the severe thunderstorm and repairing damage caused by the severe thunderstorm may not do any of the following:

AB50,842,15 (a) Charge an unreasonably excessive price for labor in comparison to the market price charged for comparable services in the geographic region impacted by the severe thunderstorm.

AB50,842,19 (b) Charge an insurance company a rate for a consumer good or service that exceeds what the residential building contractor, tree trimmer, or restoration and mitigation services provider would otherwise charge a member of the general public for the consumer good or service.

AB50,842,22 (3) Rules. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a price for labor is unreasonably excessive under sub. (2) (a).

AB50,843,3 (4) Enforcement; penalty. If a person violates sub. (2), the department or, after consulting with the department, the department of justice may commence an action against a person in the name of the state to recover a civil forfeiture of not more than $1,000 per violation or to temporarily or permanently restrain or enjoin the person from violating sub. (2), or both.

AB50,1596 Section 1596. 101.91 (5m) of the statutes is amended to read:

AB50,843,10 101.91 (5m) “Manufactured home community” means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community” does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister parents, children, or siblings of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

AB50,1597 Section 1597. 102.07 (5) (b) of the statutes is amended to read:

AB50,843,14 102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter- in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of a farmer shall not be deemed the farmer’s employees.

AB50,1598 Section 1598. 102.07 (5) (c) of the statutes is amended to read:

AB50,843,23 102.07 (5) (c) A shareholder-employee of a family farm corporation shall be deemed a “farmer” for purposes of this chapter and shall not be deemed an employee of a farmer. A “family farm corporation” means a corporation engaged in farming all of whose shareholders are related as lineal ancestors or lineal descendants, whether by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, mothers-in- law parents-in-law, brothers-in-law, or sisters-in-law of such lineal ancestors or lineal descendants.

AB50,1599 Section 1599. 102.125 (1m) of the statutes is created to read:

AB50,844,11 102.125 (1m) Application and premium fraud. If an insurer has evidence that an application for worker’s compensation insurance coverage is fraudulent or that an employer has committed fraud by misclassifying employees to lower the employer’s worker’s compensation insurance premiums in violation of s. 943.395, the insurer shall report the claim to the department. The department may require an insurer to investigate an allegedly fraudulent application or alleged fraud by misclassification of employees and may provide the insurer with any records of the department relating to that alleged fraud. An insurer that investigates alleged fraud under this subsection shall report the results of that investigation to the department.

AB50,1600 Section 1600. 102.125 (2) of the statutes is amended to read:

AB50,844,18 102.125 (2) Assistance by department of justice. The department of workforce development may request the department of justice to assist the department of workforce development in an investigation under sub. (1) or (1m) or in the investigation of any other suspected fraudulent activity on the part of an employer, employee, insurer, health care provider, or other person related to worker’s compensation.

AB50,1601 Section 1601. 102.125 (3) of the statutes is amended to read:

AB50,845,2 102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the department shall refer the results of the investigation to the department of justice or to the district attorney of the county in which the alleged violation occurred for prosecution.

AB50,1602 Section 1602. 102.16 (4) of the statutes is amended to read:

AB50,845,11 102.16 (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.

AB50,1603 Section 1603. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and amended to read:

AB50,845,17 102.17 (9) (a) 1m. “Fire fighter” 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.

AB50,1604 Section 1604. 102.17 (9) (a) 1c. of the statutes is created to read:

AB50,845,20 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

AB50,1605 Section 1605. 102.17 (9) (a) 1e. of the statutes is created to read:

AB50,845,23 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

AB50,1606 Section 1606. 102.17 (9) (a) 1g. of the statutes is created to read:

AB50,846,3 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

AB50,1607 Section 1607. 102.17 (9) (a) 1p. of the statutes is created to read:

AB50,846,10 102.17 (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.

AB50,1608 Section 1608. 102.17 (9) (b) (intro.) of the statutes is amended to read:

AB50,846,19 102.17 (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, the claim for compensation for the mental injury, in order to be compensable under this chapter, is subject to all of the following:

AB50,1609 Section 1609. 102.43 (9) (e) of the statutes is amended to read:

AB50,847,2 102.43 (9) (e) The employee’s employment with the employer has been suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee’s work.

AB50,1610 Section 1610. 102.75 (1m) of the statutes is amended to read:

AB50,847,9 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker’s compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp) (rr) and may not be used for any other purpose of the state.

AB50,1611 Section 1611. 102.81 (2) of the statutes is amended to read:

AB50,847,23 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (rp) (ra). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

AB50,1612 Section 1612. 102.82 (2) (a) (intro.) of the statutes is amended to read:

AB50,848,4 102.82 (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:

AB50,1613 Section 1613. 102.82 (2) (ab) of the statutes is created to read:

AB50,848,8 102.82 (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:

AB50,848,12 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.

AB50,848,13 2. Three thousand dollars.

AB50,1614 Section 1614. 102.82 (2) (ad) of the statutes is created to read:

AB50,848,17 102.82 (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:

AB50,848,21 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.

AB50,848,22 2. Four thousand dollars.

AB50,1615 Section 1615. 102.82 (2) (am) of the statutes is amended to read:

AB50,849,4 102.82 (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).

AB50,1616 Section 1616. 102.82 (2) (ar) of the statutes is amended to read:

AB50,849,11 102.82 (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.

AB50,1617 Section 1617. 102.85 (1) of the statutes is repealed and recreated to read:

AB50,849,16 102.85 (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).

AB50,849,20 (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).

AB50,850,2 (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).

AB50,850,6 (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).

AB50,1618 Section 1618. 102.85 (2) of the statutes is repealed and recreated to read:

AB50,850,12 102.85 (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.

AB50,850,15 (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.

AB50,850,17 (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.

AB50,850,19 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation of par. (a) or (b).

AB50,850,21 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation of par. (a) or (b).

AB50,1619 Section 1619. 103.005 (12) (a) of the statutes is amended to read:

AB50,851,10 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person that fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

AB50,1620 Section 1620. 103.007 of the statutes is repealed.

AB50,1621 Section 1621. 103.035 of the statutes is created to read:

AB50,851,14 103.035 Work schedule flexibility and predictability. (1) Definitions. In this section:

AB50,851,17 (a) “Bona fide business reason” means a reason that justifies an employer’s action and that is based on the employer’s determination that taking a different action would have any of the following results:

AB50,851,20 1. Additional costs to the employer, including costs of lost employee productivity, retaining or hiring employees, or transferring employees between work locations.

AB50,851,22 2. A significant detrimental effect on the employer’s ability to meet organizational needs or customer demand.

AB50,852,2 3. A significant inability of the employer, despite the employer’s best efforts, to reorganize work among other employees.