SB45,17473Section 1747. 108.17 (2) of the statutes is amended to read: SB45,927,114108.17 (2) (a) Except as provided in par. (b) and subject to sub. (2b) and s. 5108.185, every employer that is subject to a contribution requirement shall file 6quarterly reports of contributions required under this chapter with the 7department, and pay contributions to the department, in such manner as the 8department prescribes. Each contribution report and payment is due at the close of 9the month next following the end of the applicable calendar quarter, except as 10authorized in sub. (2c) or as the department may assign a later due date pursuant 11to sub. (1m) or general department rules. SB45,927,2212(b) The department may electronically provide a means whereby an employer 13that files its employment and wage reports electronically may determine the 14amount of contributions due for payment by the employer under s. 108.18 for each 15quarter. If an employer that is subject to a contribution requirement files its 16employment and wage reports under s. 108.205 (1) electronically, in the manner 17prescribed by the department for purposes of this paragraph under s. 108.205 (2), 18the department may require the employer to determine electronically the amount of 19contributions due for payment by the employer under s. 108.18 for each quarter. In 20such case, the employer is excused from filing contribution reports under par. (a). 21The employer shall pay the amount due for each quarter by the due date specified in 22par. (a). SB45,174823Section 1748. 108.17 (2b) of the statutes is amended to read: SB45,928,13
1108.17 (2b) The department shall prescribe a form and methodology for filing 2contribution reports under sub. (2) electronically. Each employer of 25 or more 3employees, as determined under s. 108.22 (1) (ae), that does not use an and 4employer agent to file its contribution reports under this section shall file its 5contribution reports electronically in the manner and form prescribed by the 6department. Each employer that becomes subject to an electronic reporting 7requirement under this subsection shall file its initial report under this subsection 8for the quarter during which the employer becomes subject to the reporting 9requirement. Once an employer becomes subject to a reporting requirement under 10this subsection, it shall continue to file its reports under this subsection unless that 11requirement is waived by the department unless the employer demonstrates good 12cause, as specified in s. 108.022, for being unable to file contribution reports 13electronically. SB45,174914Section 1749. 108.17 (2g) of the statutes is repealed. SB45,175015Section 1750. 108.17 (7) of the statutes is repealed. SB45,175116Section 1751. 108.185 of the statutes is created to read: SB45,929,217108.185 Payment of contributions and reimbursements; good cause. 18Each employer, employer agent, person liable under s. 108.22 (9), and private 19agency liable under s. 108.22 (10) shall pay all contributions, reimbursements, 20interest, penalties, assessments, and other amounts due under this chapter by 21means of electronic funds transfer or another electronic method as approved by the 22department unless the employer, employer agent, person, or private agency
1demonstrates good cause, as specified in s. 108.022, for being unable to pay such 2amounts electronically. SB45,17523Section 1752. 108.19 (1s) (a) 5. of the statutes is repealed. SB45,17534Section 1753. 108.205 (1m) of the statutes is repealed. SB45,17545Section 1754. 108.205 (2) of the statutes is amended to read: SB45,929,166108.205 (2) Each employer of 25 or more employees, as determined under s. 7108.22 (1) (ae), that does not use an employer agent to file its reports under this 8section and employer agent shall file the quarterly report under sub. (1) 9electronically in the manner and form prescribed by the department. An employer 10that becomes subject to an electronic reporting requirement under this subsection 11shall file its initial report under this subsection for the quarter during which the 12employer becomes subject to the reporting requirement. Once an employer becomes 13subject to the reporting requirement under this subsection, the employer shall 14continue to file its quarterly reports under this subsection unless that requirement 15is waived by the department unless the employer demonstrates good cause, as 16specified in s. 108.022, for being unable to file reports electronically. SB45,175517Section 1755. 108.22 (1) (ac) of the statutes is amended to read: SB45,929,2318108.22 (1) (ac) In addition to any fee assessed under par. (a), the department 19may assess an employer or employer agent that is subject to the reporting 20requirement under s. 108.205 (2) and that fails to file its report in the manner and 21form prescribed under that subsection a penalty of $20 for each employee whose 22information is not reported in the that manner and form prescribed under s. 23108.205 (1m) (b) or (2). SB45,1756
1Section 1756. 108.22 (1) (ad) 1. of the statutes is amended to read: SB45,930,62108.22 (1) (ad) 1. An employer agent that is subject to the reporting 3requirements under s. 108.17 (2g) (2b) and that fails to file a contribution report in 4accordance with s. 108.17 (2g) (2b) may be assessed a penalty by the department in 5the amount of $25 for each employer whose report is not filed electronically in the 6manner and form prescribed by the department. SB45,17577Section 1757. 108.22 (1) (af) of the statutes is amended to read: SB45,930,158108.22 (1) (af) In addition to the fee assessed under par. (a), the department 9may assess an employer or employer agent a person that is subject to a requirement 10required to make contributions a payment to the department by means of an 11electronic funds transfer method under s. 108.17 (7) 108.185 and that pays 12contributions makes the payment by any method inconsistent with s. 108.17 (7) 13108.185 a penalty of the greater of $50 or an amount equal to one-half of one 1 14percent of the total contributions amount paid by the employer or employer agent 15person for the quarter in which the violation occurs. SB45,175816Section 1758. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) 17(intro.) and amended to read: SB45,930,2318108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged 19in the painting or drywall finishing of buildings or other structures who knowingly 20and intentionally provides false information to the department for the purpose of 21misclassifying or attempting to misclassify an individual who is an employee of the 22employer as a nonemployee shall, for each incident, be assessed a penalty by the 23department as follows: SB45,931,4
11. For each act occurring before the date of the first determination of a 2violation of this subsection, the employer shall be assessed a penalty in the amount 3of $500 for each employee who is misclassified, but not to exceed $7,500 per 4incident. SB45,17595Section 1759. 108.221 (1) (a) 2. of the statutes is created to read: SB45,931,86108.221 (1) (a) 2. For each act occurring after the date of the first 7determination of a violation of this subsection, the employer shall be assessed a 8penalty in the amount of $1,000 for each employee who is misclassified. SB45,17609Section 1760. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) 10and amended to read: SB45,931,1411108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in 12the painting or drywall finishing of buildings or other structures who, through 13coercion, requires an individual to adopt the status of a nonemployee shall be 14assessed a penalty by the department as follows: SB45,931,1715(a) For each act occurring before the date of the first determination of a 16violation of this subsection, the employer shall be assessed a penalty in the amount 17of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year. SB45,176118Section 1761. 108.221 (2) (b) of the statutes is created to read: SB45,931,2119108.221 (2) (b) For each act occurring after the date of the first determination 20of a violation of this subsection, the employer shall be assessed a penalty in the 21amount of $2,000 for each individual so coerced.