AB50,16135Section 1613. 102.82 (2) (ab) of the statutes is created to read: AB50,848,86102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd 7determination by the department that an employer was uninsured, an uninsured 8employer shall pay to the department the greater of the following: AB50,848,1291. Three times the amount determined by the department to equal what the 10uninsured employer would have paid during periods of illegal nonpayment for 11worker’s compensation in the preceding 3-year period, based on the employer’s 12payroll in the preceding 3 years. AB50,848,13132. Three thousand dollars. AB50,161414Section 1614. 102.82 (2) (ad) of the statutes is created to read: AB50,848,1715102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or 16subsequent determination by the department that an employer was uninsured, an 17uninsured employer shall pay to the department the greater of the following: AB50,848,21181. Four times the amount determined by the department to equal what the 19uninsured employer would have paid during periods of illegal nonpayment for 20worker’s compensation in the preceding 3-year period, based on the employer’s 21payroll in the preceding 3 years. AB50,848,22222. Four thousand dollars. AB50,161523Section 1615. 102.82 (2) (am) of the statutes is amended to read: AB50,849,4
1102.82 (2) (am) The department may waive any payment owed under par. (a), 2(ab), or (ad) by an uninsured employer if the department determines that the 3uninsured employer is subject to this chapter only because the uninsured employer 4has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2). AB50,16165Section 1616. 102.82 (2) (ar) of the statutes is amended to read: AB50,849,116102.82 (2) (ar) The department may waive any payment owed under par. (a), 7(ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for 8the uninsured employer’s failure to comply with s. 102.28 (2) is that the uninsured 9employer was a victim of fraud, misrepresentation or gross negligence by an 10insurance agent or insurance broker or by a person whom a reasonable person 11would believe is an insurance agent or insurance broker. AB50,161712Section 1617. 102.85 (1) of the statutes is repealed and recreated to read: AB50,849,1613102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 14(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the 15amount of the premium that would have been payable for each time the employer 16failed to comply with s. 102.16 (3) or 102.28 (2). AB50,849,2017(b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the 18employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the 19amount of the premium that would have been payable for each time the employer 20failed to comply with s. 102.16 (3) or 102.28 (2). AB50,850,221(c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the 22employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the
1amount of the premium that would have been payable for each time the employer 2failed to comply with s. 102.16 (3) or 102.28 (2). AB50,850,63(d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the 4employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4 5times the amount of the premium that would have been payable for each time the 6employer failed to comply with s. 102.16 (3) or 102.28 (2). AB50,16187Section 1618. 102.85 (2) of the statutes is repealed and recreated to read: AB50,850,128102.85 (2) (a) No employer who is required to provide worker’s compensation 9insurance coverage under this chapter may give false information about the 10coverage to his or her employees, the department, or any other person who contracts 11with the employer and who requests evidence of worker’s compensation in relation 12to that contract. AB50,850,1513(b) No employer who is required to provide worker’s compensation insurance 14coverage under this chapter may fail to notify a person who contracts with the 15employer that the coverage has been canceled in relation to that contract. AB50,850,1716(c) 1. An employer who violates par. (a) or (b) shall, except as provided in 17subds. 2. and 3., forfeit not less than $100 and not more than $1,000. AB50,850,19182. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd 19violation of par. (a) or (b). AB50,850,21203. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th 21violation of par. (a) or (b). AB50,161922Section 1619. 103.005 (12) (a) of the statutes is amended to read: AB50,851,1023103.005 (12) (a) If any employer, employee, owner, or other person violates
1chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 2106, within the time prescribed by the department, for which no penalty has been 3specifically provided, or fails, neglects or refuses to obey any lawful order given or 4made by the department or any judgment or decree made by any court in connection 5with chs. 103 to 106, for each such violation, failure or refusal, the employer, 6employee, owner or other person shall forfeit not less than $10 nor more than $100 7for each offense. This paragraph does not apply to any person that fails to provide 8any information to the department to assist the department in determining 9prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 10103.50 (3) or (4). AB50,162011Section 1620. 103.007 of the statutes is repealed. AB50,162112Section 1621. 103.035 of the statutes is created to read: AB50,851,1413103.035 Work schedule flexibility and predictability. (1) Definitions. 14In this section: AB50,851,1715(a) “Bona fide business reason” means a reason that justifies an employer’s 16action and that is based on the employer’s determination that taking a different 17action would have any of the following results: