SB673,45,2118 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
19requested, the division department may issue an order to an employer to cease
20operations on a finding that the employer is an uninsured employer. If no hearing
21is requested, the department may issue such an order.
SB673,102 22Section 102. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB673,46,823 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
24department shall become the agent of that party for the giving of a notice as required
25in par. (a) and the notice, when given to the department, shall include an affidavit

1setting forth the facts, including the steps taken to locate that party. Each party shall
2have an equal voice in the prosecution of the claim, and any disputes arising shall
3be passed upon by the court before whom the case is pending, and if no action is
4pending, then by a court of record or by the department or the division. If notice is
5given as provided in par. (a), the liability of the tort-feasor shall be determined as
6to all parties having a right to make claim and, irrespective of whether or not all
7parties join in prosecuting the claim, the proceeds of the claim shall be divided as
8follows:
SB673,103 9Section 103. 102.29 (1) (c) of the statutes is amended to read:
SB673,46,1510 102.29 (1) (c) If both the employee or the employee's personal representative
11or other person entitled to bring action, and the employer, compensation insurer, or
12department, join in the pressing of said claim and are represented by counsel, the
13attorney fees allowed as a part of the costs of collection shall be, unless otherwise
14agreed upon, divided between the attorneys for those parties as directed by the court
15or by the department or the division.
SB673,104 16Section 104. 102.29 (1) (d) of the statutes is amended to read:
SB673,46,2017 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
18settlement and the distribution of the proceeds of the settlement are approved by the
19court before whom the action is pending or, if no action is pending, then by a court
20of record or by the department or the division.
SB673,105 21Section 105. 102.29 (6m) (a) 1m. of the statutes is created to read:
SB673,46,2322 102.29 (6m) (a) 1m. The employee leasing company that employs the leased
23employee.
SB673,106 24Section 106 . 102.29 (6m) (a) 3. of the statutes is amended to read:
SB673,47,7
1102.29 (6m) (a) 3. Any employee of the client, the employee leasing company
2that employs the leased employee,
or of that other an employee leasing company
3described in subd. 2., unless the leased employee who has the right to make a claim
4for compensation would have a right under s. 102.03 (2) to bring an action against
5the employee of the client, the employee leasing company that employs the leased
6employee,
or the leased employee of the other employee leasing company described
7in subd. 2.,
if the employees and leased employees were coemployees.
SB673,107 8Section 107. 102.30 (7) (a) of the statutes is amended to read:
SB673,47,149 102.30 (7) (a) The department or the division may order direct reimbursement
10out of the proceeds payable under this chapter for payments made under a
11nonindustrial insurance policy covering the same disability and expenses
12compensable under s. 102.42 when the claimant consents or when it is established
13that the payments under the nonindustrial insurance policy were improper. No
14attorney fee is due with respect to that reimbursement.
SB673,108 15Section 108 . 102.315 (1) (c) of the statutes is amended to read:
SB673,47,1916 102.315 (1) (c) “Divided workforce" means a workforce in which some of the
17employees of a client are leased employees and some of the employees of the client
18are not leased employees, but does not include a workforce with respect to a client
19that has elected to provide insurance coverage for leased employees under sub. (2m)
.
SB673,109 20Section 109 . 102.315 (2) of the statutes is amended to read:
SB673,48,821 102.315 (2) Employee leasing company liable. An Except as otherwise
22provided in an employee leasing agreement that meets the requirements of sub.
23(2m), an
employee leasing company is liable under s. 102.03 for all compensation
24payable under this chapter to a leased employee, including any payments required
25under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.

1If a client that makes an election under sub. (2m) (a) terminates the election, fails
2to provide the required coverage, or allows coverage to lapse, the employee leasing
3company is liable under s. 102.03 as set forth in this subsection.
Except as permitted
4allowed under s. 102.29, an employee leasing company may not seek or receive
5reimbursement from another employer for any payments made as a result of that
6liability. An employee leasing company is not liable under s. 102.03 for any
7compensation payable under this chapter to an employee of a client who is not a
8leased employee.
SB673,110 9Section 110 . 102.315 (2e) of the statutes is created to read:
SB673,48,1610 102.315 (2e) Termination of employee leasing agreement. If an employee
11leasing company terminates an employee leasing agreement with a client that has
12made an election under sub. (2m) (a), the company shall provide notice of the
13termination of an employee leasing agreement to the department and the client, on
14a form prescribed by the department, at least 30 days before the termination of the
15employee leasing agreement. The notice provided under this subsection must
16contain all of the following information:
SB673,48,1817 (a) The name, mailing address, and federal employer identification number of
18the employee leasing company.
SB673,48,2019 (b) The name, mailing address, and federal employer identification number of
20the client.
SB673,48,2121 (c) The effective date of the termination of the employee leasing agreement.
SB673,48,2322 (d) The signatures of the authorized representatives of the client and the
23employee leasing company.
SB673,111 24Section 111 . 102.315 (2m) of the statutes is created to read:
SB673,49,5
1102.315 (2m) Client election to provide insurance coverage. (a) A client
2may elect to provide insurance coverage under this chapter for leased employees.
3Such an election must be provided in an employee leasing agreement, and the leased
4employees must be insured in the voluntary market and not under a mandatory
5risk-sharing plan under s. 619.01.
SB673,49,106 (b) The client shall provide notice of an election or termination of an election
7under par. (a) to the department and the employee leasing company on a form
8prescribed by the department at least 30 days before the effective date of the election
9or termination of the election. The notice provided under this subsection must
10contain all of the following information:
SB673,49,1211 1. The name, mailing address, and federal employer identification number of
12the client.
SB673,49,1413 2. The name, mailing address, and federal employer identification number of
14the employee leasing company.
SB673,49,1515 3. The effective date of the employee leasing agreement.