SB673,7,1812
20.445
(1) (sm)
Uninsured employers fund; payments. From the uninsured
13employers fund,
a sum sufficient to make all moneys received from sources identified
14under s. 102.80 (1m) for the purpose of making the payments under s. 102.81 (1) and
15to obtain reinsurance under s. 102.81 (2). No moneys may be expended or
16encumbered under this paragraph until the first day of the first July beginning after
17the day that the secretary of workforce development files the certificate under s.
18102.80 (3) (a).
SB673,5
19Section
5. 40.65 (2) (a) of the statutes is amended to read:
SB673,8,920
40.65
(2) (a) This paragraph applies to participants who first apply for benefits
21before May 3, 1988. Any person desiring a benefit under this section must apply to
22the department of workforce development, which department shall determine
23whether the applicant is eligible to receive the benefit and the participant's monthly
24salary. Appeals from the eligibility decision shall follow the procedures under ss.
25102.16 to 102.26. If it is determined that an applicant is eligible, the department of
1workforce development shall notify the department of employee trust funds and
2shall certify the applicant's monthly salary. If at the time of application for benefits
3an applicant is still employed in any capacity by the employer in whose employ the
4disabling injury occurred or disease was contracted, that continued employment
5shall not affect that applicant's right to have his or her eligibility to receive those
6benefits determined in proceedings before the
division of hearings and appeals in the
7department of administration department of workforce development or the labor and
8industry review commission or in proceedings in the courts. The department of
9workforce development may promulgate rules needed to administer this paragraph.
SB673,6
10Section
6. 40.65 (2) (b) 3. of the statutes is amended to read:
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40.65
(2) (b) 3. The department shall determine whether or not the applicant
12is eligible for benefits under this section on the basis of the evidence in subd. 2. An
13applicant may appeal a determination under this subdivision to the
division of
14hearings and appeals in the department of administration department of workforce
15development.
SB673,7
16Section
7. 40.65 (2) (b) 4. of the statutes is amended to read:
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40.65
(2) (b) 4. In hearing an appeal under subd. 3., the
division of hearings and
18appeals in the department of administration department of workforce development 19shall follow the procedures under ss. 102.16 to 102.26.
SB673,8
20Section 8
. 46.275 (4m) of the statutes is amended to read:
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46.275
(4m) Worker's compensation coverage. An individual who is
22performing services for a person receiving long-term care benefits under this section
23on a self-directed basis and who does not otherwise have worker's compensation
24coverage for those services is considered
, for purposes of worker's compensation
1coverage, to be an employee of the entity that is providing financial management
2services for that person.
SB673,9
3Section 9
. 46.277 (3r) of the statutes is amended to read:
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46.277
(3r) Worker's compensation coverage. An individual who is
5performing services for a person receiving long-term care benefits under this section
6on a self-directed basis and who does not otherwise have worker's compensation
7coverage for those services is considered
, for purposes of worker's compensation
8coverage, to be an employee of the entity that is providing financial management
9services for that person.
SB673,10
10Section 10
. 46.281 (1k) of the statutes is amended to read:
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46.281
(1k) Worker's compensation coverage. An individual who is
12performing services for a person receiving the Family Care benefit, or benefits under
13Family Care Partnership, on a self-directed basis and who does not otherwise have
14worker's compensation coverage for those services is considered
, for purposes of
15worker's compensation coverage, to be an employee of the entity that is providing
16financial management services for that person.
SB673,11
17Section 11
. 46.2897 (3) of the statutes is amended to read:
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46.2897
(3) Worker's compensation coverage. An individual who is
19performing services for a person participating in the self-directed services option
20and who does not otherwise have worker's compensation coverage for those services
21is considered
, for purposes of worker's compensation coverage, to be an employee of
22the entity that is providing financial management services for that person.
SB673,12
23Section 12
. 46.995 (3) of the statutes is amended to read:
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46.995
(3) An individual who is performing services for a person receiving
25long-term care benefits under any children's long-term support waiver program on
1a self-directed basis and who does not otherwise have worker's compensation
2coverage for those services is considered
, for purposes of worker's compensation
3coverage, to be an employee of the entity that is providing financial management
4services for that person.
SB673,13
5Section
13. 102.01 (2) (ad) of the statutes is repealed.
SB673,14
6Section
14. 102.01 (2) (ar) of the statutes is repealed.
SB673,15
7Section
15. 102.01 (2) (dm) of the statutes is amended to read:
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102.01
(2) (dm) “Order" means any decision, rule, regulation, direction,
9requirement, or standard of the department
or the division, or any other
10determination arrived at or decision made by the department
or the division.
SB673,16
11Section 16
. 102.04 (1) (b) 1. of the statutes is amended to read:
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102.04
(1) (b) 1. Every person who
usually at any time employs 3 or more
13employees for services performed in this state, whether in one or more trades,
14businesses, professions, or occupations, and whether in one or more locations.
A
15person who employs 3 or more employees for services performed in this state becomes
16subject to this chapter on the day on which the person employs 3 or more such
17employees.
SB673,17
18Section 17
. 102.04 (1) (b) 2. of the statutes is amended to read:
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102.04
(1) (b) 2. Every person who
usually employs
less fewer than 3
20employees, provided the person has paid wages of $500 or more in any calendar
21quarter for services performed in this state. Such
employer a person shall become
22subject
to this chapter on the 10th day of the month next succeeding such quarter.
SB673,18
23Section 18
. 102.04 (2g) of the statutes is created to read:
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1102.04
(2g) Liability under s. 102.03 with respect to a leased employee, as
2defined in s. 102.315 (1) (g), shall be determined as provided in s. 102.315 (2) or (2m)
3(c), whichever is applicable.
SB673,19
4Section 19
. 102.04 (2m) of the statutes is amended to read:
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102.04
(2m) A Except as otherwise provided in an employee leasing agreement
6that meets the requirements of s. 102.315 (2m), a temporary help agency is the
7employer of an employee whom the temporary help agency has placed with or leased
8to another employer that compensates the temporary help agency for the employee's
9services.
A Except as provided in s. 102.315 (2m) (c), a temporary help agency is
10liable under s. 102.03 for all compensation and other payments payable under this
11chapter to or with respect to that employee, including any payments required under
12s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except
13as permitted under s. 102.29, a temporary help agency may not seek or receive
14reimbursement from another employer for any payments made as a result of that
15liability.