LRB-3311/1
GMM:kjf:rs
2011 - 2012 LEGISLATURE
December 23, 2011 - Introduced by Representatives Fields, Barca, Jacque,
Marklein, A. Ott, Sinicki, C. Taylor, Thiesfeldt, Tranel, Wynn and Molepske
Jr, cosponsored by Senators Lassa, Schultz and Taylor. Referred to
Committee on Labor and Workforce Development.
AB443,1,2
1An Act to create 102.07 (4) (a) 1m. of the statutes;
relating to: excluding sports
2officials from coverage under the worker's compensation law.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, every person in the service of
another under any contract of hire, express or implied, is considered to be an
employee for purposes of the worker's compensation law, which requires an employer
that is subject to that law to pay disability benefits and the cost of medical treatment
for an employee who sustains an injury while performing services growing out of and
incidental to employment. Current law, however, excludes from the coverage under
the worker's compensation law independent contractors who, among other things,
maintain separate businesses, operate under contracts to perform specific services
or work for specific amounts of money, may realize a profit or suffer a loss under those
contracts, and control the means of performing their services or work.
This bill excludes from coverage under the worker's compensation law a person
performing services as an umpire, referee, judge, scorekeeper, timekeeper, organizer,
or as any other neutral participant in a sports event or contest (sports official) for a
public, private, or tribal school; an institution of higher education; a nonstock,
nonprofit corporation; or a public agency (the state or a county, city, village, or town)
that is sponsoring an interscholastic, intercollegiate, or other amateur sports event
or contest, unless the person performing those services is otherwise employed by the
sponsor of the event or contest and performs those services as part of his or her
regular employment duties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB443, s. 1
1Section
1. 102.07 (4) (a) 1m. of the statutes is created to read:
AB443,2,112
102.07
(4) (a) 1m. Any person performing services as a sports official for a
3school district, a private school, as defined in s. 115.001 (3r), a tribal school, as
4defined in s. 115.001 (15m), an institution of higher education, as defined in s.
5895.515 (1) (b), a nonstock, nonprofit corporation organized under ch. 181, or a public
6agency, as defined in s. 256.15 (1) (n) that is sponsoring an interscholastic,
7intercollegiate, or other amateur sports event or contest, unless the person
8performing those services is otherwise employed by the sponsor of the event or
9contest and performs those services as part of his or her regular employment duties.
10In this subdivision, "sports official" means an umpire, referee, judge, scorekeeper,
11timekeeper, organizer, or any other neutral participant in a sports event or contest.
AB443,2,1413
(1)
Worker's compensation coverage of sports officials. This act takes effect
14on July 1, 2012.
