SB673,45,21 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not requested, the division department may issue an order to an employer to cease operations on a finding that the employer is an uninsured employer. If no hearing is requested, the department may issue such an order.

SB673,102 Section 102. 102.29 (1) (b) (intro.) of the statutes is amended to read:

SB673,46,8 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the department shall become the agent of that party for the giving of a notice as required in par. (a) and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate that party. Each party shall have an equal voice in the prosecution of the claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department or the division. If notice is given as provided in par. (a), the liability of the tort-feasor shall be determined as to all parties having a right to make claim and, irrespective of whether or not all parties join in prosecuting the claim, the proceeds of the claim shall be divided as follows:

SB673,103 Section 103. 102.29 (1) (c) of the statutes is amended to read:

SB673,46,15 102.29 (1) (c) If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer, or department, join in the pressing of said claim and are represented by counsel, the attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between the attorneys for those parties as directed by the court or by the department or the division.

SB673,104 Section 104. 102.29 (1) (d) of the statutes is amended to read:

SB673,46,20 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the settlement and the distribution of the proceeds of the settlement are approved by the court before whom the action is pending or, if no action is pending, then by a court of record or by the department or the division.

SB673,105 Section 105. 102.29 (6m) (a) 1m. of the statutes is created to read:

SB673,46,23 102.29 (6m) (a) 1m. The employee leasing company that employs the leased employee.

SB673,106 Section 106 . 102.29 (6m) (a) 3. of the statutes is amended to read:

SB673,47,7 102.29 (6m) (a) 3. Any employee of the client, the employee leasing company that employs the leased employee, or of that other an employee leasing company described in subd. 2., unless the leased employee who has the right to make a claim for compensation would have a right under s. 102.03 (2) to bring an action against the employee of the client, the employee leasing company that employs the leased employee, or the leased employee of the other employee leasing company described in subd. 2., if the employees and leased employees were coemployees.

SB673,107 Section 107. 102.30 (7) (a) of the statutes is amended to read:

SB673,47,14 102.30 (7) (a) The department or the division may order direct reimbursement out of the proceeds payable under this chapter for payments made under a nonindustrial insurance policy covering the same disability and expenses compensable under s. 102.42 when the claimant consents or when it is established that the payments under the nonindustrial insurance policy were improper. No attorney fee is due with respect to that reimbursement.

SB673,108 Section 108 . 102.315 (1) (c) of the statutes is amended to read:

SB673,47,19 102.315 (1) (c) “Divided workforce" means a workforce in which some of the employees of a client are leased employees and some of the employees of the client are not leased employees, but does not include a workforce with respect to a client that has elected to provide insurance coverage for leased employees under sub. (2m).

SB673,109 Section 109 . 102.315 (2) of the statutes is amended to read:

SB673,48,8 102.315 (2) Employee leasing company liable. An Except as otherwise provided in an employee leasing agreement that meets the requirements of sub. (2m), an employee leasing company is liable under s. 102.03 for all compensation payable under this chapter to a leased employee, including any payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. If a client that makes an election under sub. (2m) (a) terminates the election, fails to provide the required coverage, or allows coverage to lapse, the employee leasing company is liable under s. 102.03 as set forth in this subsection. Except as permitted allowed under s. 102.29, an employee leasing company may not seek or receive reimbursement from another employer for any payments made as a result of that liability. An employee leasing company is not liable under s. 102.03 for any compensation payable under this chapter to an employee of a client who is not a leased employee.

SB673,110 Section 110 . 102.315 (2e) of the statutes is created to read:

SB673,48,16 102.315 (2e) Termination of employee leasing agreement. If an employee leasing company terminates an employee leasing agreement with a client that has made an election under sub. (2m) (a), the company shall provide notice of the termination of an employee leasing agreement to the department and the client, on a form prescribed by the department, at least 30 days before the termination of the employee leasing agreement. The notice provided under this subsection must contain all of the following information:

SB673,48,18 (a) The name, mailing address, and federal employer identification number of the employee leasing company.

SB673,48,20 (b) The name, mailing address, and federal employer identification number of the client.

SB673,48,21 (c) The effective date of the termination of the employee leasing agreement.

SB673,48,23 (d) The signatures of the authorized representatives of the client and the employee leasing company.

SB673,111 Section 111 . 102.315 (2m) of the statutes is created to read:

SB673,49,5 102.315 (2m) Client election to provide insurance coverage. (a) A client may elect to provide insurance coverage under this chapter for leased employees. Such an election must be provided in an employee leasing agreement, and the leased employees must be insured in the voluntary market and not under a mandatory risk-sharing plan under s. 619.01.

SB673,49,10 (b) The client shall provide notice of an election or termination of an election under par. (a) to the department and the employee leasing company on a form prescribed by the department at least 30 days before the effective date of the election or termination of the election. The notice provided under this subsection must contain all of the following information:

SB673,49,12 1. The name, mailing address, and federal employer identification number of the client.

SB673,49,14 2. The name, mailing address, and federal employer identification number of the employee leasing company.

SB673,49,15 3. The effective date of the employee leasing agreement.