SB536,9,117 46.27 (5m) Worker's compensation coverage. An individual who is
8performing services for a person receiving long-term care benefits under this section
9on a self-directed basis and who does not otherwise have worker's compensation
10coverage for those services is considered to be an employee of the entity that is
11providing financial management services for that person.
SB536,4 12Section 4. 46.275 (4m) of the statutes is created to read:
SB536,9,1713 46.275 (4m) Worker's compensation coverage. An individual who is
14performing services for a person receiving long-term care benefits under this section
15on a self-directed basis and who does not otherwise have worker's compensation
16coverage for those services is considered to be an employee of the entity that is
17providing financial management services for that person.
SB536,5 18Section 5. 46.277 (3r) of the statutes is created to read:
SB536,9,2319 46.277 (3r) Worker's compensation coverage. An individual who is
20performing services for a person receiving long-term care benefits under this section
21on a self-directed basis and who does not otherwise have worker's compensation
22coverage for those services is considered to be an employee of the entity that is
23providing financial management services for that person.
SB536,6 24Section 6. 46.281 (1k) of the statutes is created to read:
SB536,10,5
146.281 (1k) Worker's compensation coverage. An individual who is
2performing services for a person receiving the Family Care benefit, or benefits under
3Family Care Partnership, on a self-directed basis and who does not otherwise have
4worker's compensation coverage for those services is considered to be an employee
5of the entity that is providing financial management services for that person.
SB536,7 6Section 7. 46.2897 (title) of the statutes is amended to read:
SB536,10,7 746.2897 (title) Self-directed services option; advocacy services.
SB536,8 8Section 8. 46.2897 of the statutes is renumbered 46.2897 (2).
SB536,9 9Section 9. 46.2897 (1) of the statutes is created to read:
SB536,10,1310 46.2897 (1) Definition. In this section, "self-directed services option" means
11the program that is operated under a waiver from the secretary of the federal
12department of health and human services under 42 USC 1396n (c) in which an
13enrolled individual selects his or her own services and service providers.
SB536,10 14Section 10. 46.2897 (2) (title) of the statutes is created to read:
SB536,10,1515 46.2897 (2) (title) Advocacy services.
SB536,11 16Section 11. 46.2897 (3) of the statutes is created to read:
SB536,10,2117 46.2897 (3) Worker's compensation coverage. An individual who is
18performing services for a person participating in the self-directed services option
19and who does not otherwise have worker's compensation coverage for those services
20is considered to be an employee of the entity that is providing financial management
21services for that person.
SB536,12 22Section 12. 46.995 (3) of the statutes is created to read:
SB536,11,223 46.995 (3) An individual who is performing services for a person receiving
24long-term care benefits under any children's long-term support waiver program on
25a self-directed basis and who does not otherwise have worker's compensation

1coverage for those services is considered to be an employee of the entity that is
2providing financial management services for that person.
SB536,13 3Section 13. 101.654 (2) (b) of the statutes is amended to read:
SB536,11,84 101.654 (2) (b) If the applicant is required under s. 102.28 (2) (a) to have in force
5a policy of worker's compensation insurance or if the applicant is self-insured in
6accordance with s. 102.28 (2) (b) or (bm), that the applicant has in force a policy of
7worker's compensation insurance issued by an insurer authorized to do business in
8this state or is self-insured in accordance with s. 102.28 (2) (b) or (bm).
SB536,14 9Section 14. 102.01 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 55,
10is amended to read:
SB536,11,1611 102.01 (2) (d) "Municipality" includes a county, city, town, village, school
12district, sewer district, drainage district and long-term care district and
"Local
13governmental unit" means a political subdivision of this state; a special purpose
14district or taxing jurisdiction, as defined in s. 70.114 (1) (f), in this state; an
15instrumentality, corporation, combination, or subunit of any of the foregoing; or any

16other public or quasi-public corporations corporation.
SB536,15 17Section 15. 102.03 (4) of the statutes is amended to read:
SB536,11,2418 102.03 (4) The right to compensation and the amount of the compensation shall
19in all cases be determined in accordance with the provisions of law in effect as of the
20date of the injury except as to employees whose rate of compensation is changed as
21provided in ss. s. 102.43 (5) (c) or (7) or 102.44 (1) or (5) or, before May 1, 2014, as
22provided in s. 102.43 (5) (c)
and employees who are eligible to receive private
23rehabilitative counseling and rehabilitative training under s. 102.61 (1m) and except
24as provided in s. 102.555 (12) (b).
SB536,16
1Section 16. 102.04 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
2is amended to read:
SB536,12,53 102.04 (1) (a) The state, and each county, city, town, village, school district,
4sewer district, drainage district, long-term care district and other public or
5quasi-public corporations therein
local governmental unit in this state.
SB536,17 6Section 17. 102.04 (2m) of the statutes is amended to read:
SB536,12,157 102.04 (2m) A temporary help agency is the employer of an employee whom
8the temporary help agency has placed with or leased to another employer that
9compensates the temporary help agency for the employee's services. A temporary
10help agency is liable under s. 102.03 for all compensation and other payments
11payable under this chapter to or with respect to that employee, including any
12payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3),
13102.57, or 102.60. Except as permitted under s. 102.29, a temporary help agency may
14not seek or receive reimbursement from another employer for any payments made
15as a result of that liability.
SB536,18 16Section 18. 102.07 (1) (a) of the statutes is amended to read:
SB536,13,317 102.07 (1) (a) Every person, including all officials, in the service of the state,
18or of any municipality therein local governmental unit in this state, whether elected
19or under any appointment, or contract of hire, express or implied, and whether a
20resident of the state or employed or injured within or without the state. The state
21and any municipality local governmental unit may require a bond from a contractor
22to protect the state or municipality local governmental unit against compensation to
23employees of such the contractor or to employees of a subcontractor under the
24contractor. This paragraph does not apply beginning on the first day of the first July
25beginning after the day that the secretary files the certificate under s. 102.80 (3) (a),

1except that if the secretary files the certificate under s. 102.80 (3) (ag) this paragraph
2does apply to claims for compensation filed on or after the date specified in that
3certificate.
SB536,19 4Section 19. 102.07 (1) (b) of the statutes is amended to read:
SB536,13,125 102.07 (1) (b) Every person, including all officials, in the service of the state,
6or of any municipality therein local governmental unit in this state, whether elected
7or under any appointment, or contract of hire, express or implied, and whether a
8resident of the state or employed or injured within or without the state. This
9paragraph first applies on the first day of the first July beginning after the day that
10the secretary files the certificate under s. 102.80 (3) (a), except that if the secretary
11files the certificate under s. 102.80 (3) (ag) this paragraph does apply to claims for
12compensation filed on or after the date specified in that certificate.
SB536,20 13Section 20. 102.07 (3) of the statutes is amended to read:
SB536,13,2014 102.07 (3) Nothing herein contained shall prevent municipalities in this
15chapter prevents a local governmental unit
from paying teachers, police officers, fire
16fighters and other employees
a teacher, police officer, fire fighter, or any other
17employee his or her
full salaries salary during a period of disability, nor interfere
18interferes with any pension funds fund, nor prevent prevents payment to teachers,
19police officers or fire fighters therefrom
a teacher, police officer, fire fighter, or any
20other employee from a pension fund
.
SB536,21 21Section 21. 102.07 (7) (a) of the statutes is amended to read:
SB536,14,622 102.07 (7) (a) Every member of a volunteer fire company or fire department
23organized under ch. 213, a legally organized rescue squad, or a legally organized
24diving team is considered to be an employee of that company, department, squad, or
25team. Every member of a company, department, squad, or team described in this

1paragraph, while serving as an auxiliary police officer at an emergency, is also
2considered to be an employee of that company, department, squad, or team. If a
3company, department, squad, or team described in this paragraph has not insured
4its liability for compensation to its employees, the municipality or county political
5subdivision
within which that company, department, squad, or team was organized
6shall be liable for that compensation.
SB536,22 7Section 22. 102.07 (10) of the statutes is amended to read:
SB536,14,188 102.07 (10) Further to effectuate the policy of the state that the benefits of this
9chapter shall extend and be granted to employees in the service of the state, or of any
10municipality therein local governmental unit in this state, on the same basis, in the
11same manner, under the same conditions, and with like right of recovery as in the
12case of employees of persons, firms, or private corporations, any question whether
13any person is an employee under this chapter shall be governed by and determined
14under the same standards, considerations, and rules of decision in all cases under
15subs. (1) to (9). Any statutes, ordinances, or administrative regulations which
16statute, ordinance, or rule that may be otherwise applicable to the classes of
17employees enumerated in sub. (1) shall not be controlling in deciding whether any
18person is an employee for the purposes of this chapter.
SB536,23 19Section 23. 102.07 (20) of the statutes is created to read:
SB536,15,320 102.07 (20) An individual who is performing services for a person participating
21in the self-directed services option, as defined in s. 46.2897 (1), for a person receiving
22long-term care benefits under s. 46.27, 46.275, or 46.277 or under any children's
23long-term support waiver program on a self-directed basis, or for a person receiving
24the Family Care benefit, as defined in s. 46.2805 (4), or benefits under the Family
25Care Partnership program, as described in s. 49.496 (1) (bk) 3., on a self-directed

1basis and who does not otherwise have worker's compensation coverage for those
2services is considered to be an employee of the entity that is providing financial
3management services for that person.
SB536,24 4Section 24. 102.11 (1) (intro.) of the statutes is amended to read:
SB536,15,205 102.11 (1) (intro.) The average weekly earnings for temporary disability,
6permanent total disability, or death benefits for injury in each calendar year on or
7after January 1, 1982, shall be not less than $30 nor more than the wage rate that
8results in a maximum compensation rate of 110 percent of the state's average weekly
9earnings as determined under s. 108.05 as of June 30 of the previous year. The
10average weekly earnings for permanent partial disability shall be not less than $30
11and, for permanent partial disability for injuries occurring on or after April 17, 2012,
12and before January 1, 2013, not more than $468, resulting in a maximum
13compensation rate of $312, and, for permanent partial disability for injuries
14occurring on or after January 1, 2013, not more than $483, resulting in a maximum
15compensation rate of $322, except as provided in 2011 Wisconsin Act 183, section 30
16(2) (a)
the effective date of this subsection .... [LRB inserts date], and before January
171, 2017, not more than $513, resulting in a maximum compensation rate of $342, and,
18for permanent partial disability for injuries occurring on or after January 1, 2017,
19not more than $543, resulting in a maximum compensation rate of $362
. Between
20such limits the average weekly earnings shall be determined as follows:
SB536,25 21Section 25. 102.125 (title) of the statutes is amended to read:
SB536,15,23 22102.125 (title) Fraudulent claims Fraud reporting and, investigation,
23and prosecution
.
SB536,26 24Section 26. 102.125 of the statutes is renumbered 102.125 (1) and amended
25to read:
SB536,16,10
1102.125 (1) Fraudulent claims reporting and investigation. If an insurer or
2self-insured employer has evidence that a claim is false or fraudulent in violation of
3s. 943.395 and if the insurer or self-insured employer is satisfied that reporting the
4claim to the department will not impede its ability to defend the claim, the insurer
5or self-insured employer shall report the claim to the department. The department
6may require an insurer or self-insured employer to investigate an allegedly false or
7fraudulent claim and may provide the insurer or self-insured employer with any
8records of the department relating to that claim. An insurer or self-insured
9employer that investigates a claim under this section subsection shall report on the
10results of that investigation to the department.
SB536,16,16 11(3) Prosecution. If based on the an investigation under sub. (1) or (2) the
12department has a reasonable basis to believe that a violation of s. 943.20, 943.38,
13943.39, 943.392,
943.395, 943.40, or any other criminal law has occurred, the
14department shall refer the results of the investigation to the department of justice
15or
to the district attorney of the county in which the alleged violation occurred for
16prosecution.
SB536,27 17Section 27. 102.125 (2) of the statutes is created to read:
SB536,16,2218 102.125 (2) Assistance by department of justice. The department of workforce
19development may request the department of justice to assist the department of
20workforce development in an investigation under sub. (1) or in the investigation of
21any other suspected fraudulent activity on the part of an employer, employee,
22insurer, health care provider, or other person related to worker's compensation.
SB536,28 23Section 28. 102.13 (2) (b) of the statutes is amended to read:
SB536,17,924 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
25physician assistant, advanced practice nurse prescriber, hospital, or health service

1provider shall furnish a legible, certified duplicate of the written material requested
2under par. (a) in paper format upon payment of the actual costs of preparing the
3certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request,
4plus the actual costs of postage, or shall furnish a legible, certified duplicate of that
5material in electronic format upon payment of $26 per request
. Any person who
6refuses to provide certified duplicates of written material in the person's custody that
7is requested under par. (a) shall be liable for reasonable and necessary costs and,
8notwithstanding s. 814.04 (1), reasonable attorney fees incurred in enforcing the
9requester's right to the duplicates under par. (a).
SB536,29 10Section 29. 102.13 (2) (c) of the statutes is amended to read:
SB536,18,211 102.13 (2) (c) Except as provided in this paragraph, if an injured employee has
12a period of temporary disability that exceeds 3 weeks or a permanent disability, if the
13injured employee has undergone surgery to treat his or her injury, other than surgery
14to correct a hernia, or if the injured employee sustained an eye injury requiring
15medical treatment on 3 or more occasions off the employer's premises, the
16department may by rule require the insurer or self-insured employer to submit to
17the department a final report of the employee's treating practitioner. The
18department may not require an insurer or self-insured employer to submit to the
19department a final report of an employee's treating practitioner when the insurer or
20self-insured employer denies the employee's claim for compensation in its entirety
21and the employee does not contest that denial. A treating practitioner shall complete
22a final report on a timely basis and
may charge a reasonable fee for the completion
23of the final report, not to exceed $100, but may not require prepayment of that fee.
24An insurer or self-insured employer that disputes the reasonableness of a fee

1charged for the completion of a treatment practitioner's final report may submit that
2dispute to the department for resolution under s. 102.16 (2).
SB536,30 3Section 30. 102.17 (1) (a) 3. of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
SB536,18,95 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
6acted with malice or bad faith as described in s. 102.18 (1) (b) 3. or (bp), that party
7shall provide written notice stating with reasonable specificity the basis for the claim
8to the employer, the insurer, the department, and the division before the division
9schedules a hearing on the claim of malice or bad faith.
SB536,31 10Section 31. 102.17 (4) of the statutes is amended to read:
SB536,19,811 102.17 (4) Except as provided in this subsection and s. 102.555 (12) (b), in the
12case of occupational disease,
the right of an employee, the employee's legal
13representative, or a dependent to proceed under this section shall not extend beyond
1412 years after the date of the injury or death or after the date that compensation,
15other than for treatment or burial expenses, was last paid, or would have been last
16payable if no advancement were made, whichever date is latest, and in the case of
17traumatic injury, that right shall not extend beyond 6 years after that date
. In the
18case of occupational disease; a traumatic injury resulting in the loss or total
19impairment of a hand or any part of the rest of the arm proximal to the hand or of
20a foot or any part of the rest of the leg proximal to the foot, any loss of vision, or any
21permanent brain injury; or a traumatic injury causing the need for an artificial
22spinal disc or a total or partial knee or hip replacement, there shall be no statute of
23limitations, except that benefits or treatment expense for an occupational disease
24becoming due 12 years after the date of injury or death or last payment of
25compensation, other than for treatment or burial expenses, shall be paid from the

1work injury supplemental benefit fund under s. 102.65 and in the manner provided
2in s. 102.66 and benefits or treatment expense for such a traumatic injury becoming
3due 12 6 years after that date shall be paid from that fund and in that manner if the
4date of injury or death or last payment of compensation, other than for treatment or
5burial expenses, is before April 1, 2006. Payment of wages by the employer during
6disability or absence from work to obtain treatment shall be considered payment of
7compensation for the purpose of this section if the employer knew of the employee's
8condition and its alleged relation to the employment.
SB536,32 9Section 32. 102.175 (3) of the statutes is created to read:
SB536,19,2110 102.175 (3) (a) If it is established by the certified report of a physician,
11podiatrist, surgeon, psychologist, or chiropractor under s. 102.17 (1) (d) 1., a record
12of a hospital or sanitorium under s. 102.17 (1) (d) 2., or other competent evidence that
13an injured employee has incurred permanent disability, but that a percentage of that
14disability was caused by an accidental injury sustained in the course of employment
15with the employer against whom compensation is claimed and a percentage of that
16disability was caused by other factors, whether occurring before or after the time of
17the accidental injury, the employer shall be liable only for the percentage of
18permanent disability that was caused by the accidental injury. If, however, previous
19permanent disability is attributable to occupational exposure with the same
20employer, the employer is also liable for that previous permanent disability so
21established.
SB536,20,522 (b) A physician, podiatrist, surgeon, psychologist, or chiropractor who prepares
23a certified report under s. 102.17 (1) (d) 1. relating to a claim for compensation for
24an accidental injury causing permanent disability that was sustained in the course
25of employment with the employer against whom compensation is claimed shall

1address in the report the issue of causation of the disability and shall include in the
2report an opinion as to the percentage of permanent disability that was caused by
3the accidental injury and the percentage of permanent disability that was caused by
4other factors, including occupational exposure with the same employer, whether
5occurring before or after the time of injury.
SB536,20,106 (c) Upon request of the department, the division, the employer, or the
7employer's worker's compensation insurer, an injured employee who claims
8compensation for an injury causing permanent disability shall disclose all previous
9findings of permanent disability or other impairments that are relevant to that
10injury.
SB536,33 11Section 33. 102.18 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
12is renumbered 102.18 (1) (b) 1. and amended to read:
SB536,20,1813 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
14the division shall make and file its findings upon the ultimate facts involved in the
15controversy, and its order, which shall state the division's determination as to the
16rights of the parties. Pending the final determination of any controversy before it,
17the division, after any hearing, may, in its discretion, make interlocutory findings,
18orders, and awards, which may be enforced in the same manner as final awards.
SB536,20,23 192. The division may include in any interlocutory or final award or order an order
20directing the employer or insurer to pay for any future treatment that may be
21necessary to cure and relieve the employee from the effects of the injury or to pay for
22a future course of instruction or other rehabilitation training services provided
23under a rehabilitation training program developed under s. 102.61 (1) or (1m)
.
SB536,21,3 243. If the division finds that the employer or insurer has not paid any amount
25that the employer or insurer was directed to pay in any interlocutory order or award

1and that the nonpayment was not in good faith, the division may include in its final
2award a penalty not exceeding 25 percent of each amount that was not paid as
3directed.
SB536,21,8 44. When there is a finding that the employee is in fact suffering from an
5occupational disease caused by the employment of the employer against whom the
6application is filed, a final award dismissing the application upon the ground that
7the applicant has suffered no disability from the disease shall not bar any claim the
8employee may have for disability sustained after the date of the award.
SB536,34 9Section 34. 102.18 (3) of the statutes, as affected by 2015 Wisconsin Act 55,
10is amended to read:
SB536,22,411 102.18 (3) A party in interest may petition the commission for review of an
12examiner's decision awarding or denying compensation if the department, the
13division, or the commission receives the petition within 21 days after the department
14or the division mailed a copy of the examiner's findings and order to the last-known
15addresses of the parties in interest. The commission shall dismiss a petition that is
16not timely filed within those 21 days unless the petitioner shows probable good cause
17that the petition was filed late for a reason for failure to timely file that was beyond
18the petitioner's control. If no petition is filed within those 21 days after the date on
19which a copy of the findings or order of the examiner is mailed to the last-known
20addresses of the parties in interest
, the findings or order shall be considered final
21unless set aside, reversed, or modified by the examiner within that time. If the
22findings or order are set aside by the examiner, the status shall be the same as prior
23to the setting aside of the findings or order. If the findings or order are reversed or
24modified by the examiner, the time for filing a petition commences on the date on
25which notice of the reversal or modification is mailed to the last-known addresses

1of the parties in interest. The commission shall either affirm, reverse, set aside, or
2modify the findings or order, in whole or in part, or direct the taking of additional
3evidence. The commission's action shall be based on a review of the evidence
4submitted.
SB536,35 5Section 35. 102.18 (4) (b) of the statutes is amended to read:
SB536,22,86 102.18 (4) (b) Within 28 days after the date of a decision of the commission is
7mailed to the last-known address of each party in interest
, the commission may, on
8its own motion, set aside the decision for further consideration.
SB536,36 9Section 36. 102.21 of the statutes, as affected by 2015 Wisconsin Act 55, is
10amended to read:
SB536,22,24 11102.21 Payment of awards by municipalities local governmental units.
12Whenever When an award is made under this chapter or s. 66.191, 1981 stats.,
13against any municipality local governmental unit, the person in whose favor the
14award is made shall file a certified copy of the award with the municipal clerk of the
15local governmental unit
. Unless an appeal is taken, within 20 days after that filing,
16the municipal clerk shall draw an order on the municipal treasurer of the local
17governmental unit
for the payment of the award. If upon appeal the award is
18affirmed in whole or in part, the municipal clerk shall draw an order for payment of
19the award within 10 days after a certified copy of the judgment affirming the award
20is filed with that clerk. If the award or judgment provides for more than one
21payment, the municipal clerk shall draw orders for payment as the payments become
22due. No statute relating to the filing of claims against, or the auditing, allowing, and
23payment of claims by, a municipality local governmental unit applies to the payment
24of an award or judgment under this section.
SB536,37
1Section 37. 102.23 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
2is renumbered 102.23 (1) (a) 1. and amended to read:
SB536,23,93 102.23 (1) (a) 1. The findings of fact made by the commission acting within its
4powers shall, in the absence of fraud, be conclusive. The order or award granting or
5denying compensation, either interlocutory or final, whether judgment has been
6rendered on the order or award or not, is subject to review only as provided in this
7section and not under ch. 227 or s. 801.02. The commission shall identify in the order
8or award the persons that must be made parties to an action for review of the order
9or award.
SB536,23,25 102. Within 30 days after the date of an order or award made by the commission
11either originally or after the filing of a petition for review with the department, the
12division, or the commission under s. 102.18
, any party aggrieved by the order or
13award may commence an action in circuit court for review of the order or award by
14serving a complaint as provided in par. (b) and filing the summons and complaint
15with the clerk of the circuit court commence, in circuit court, an action against the
16commission for the review of the order or award, in which action the adverse party
17shall also be made a defendant
. The summons and complaint shall name the party
18commencing the action as the plaintiff and shall name as defendants the commission
19and all persons identified by the commission under subd. 1. If the circuit court
20determines that any other person is necessary for the proper resolution of the action,
21the circuit court may join that person as a party to the action, unless joinder of the
22person would unduly delay the resolution of the action
. If the circuit court is satisfied
23that a party in interest has been prejudiced because of an exceptional delay in the
24receipt of a copy of any finding or order, the circuit court may extend the time in
25within which an action may be commenced by an additional 30 days.
SB536,24,4
13. The proceedings shall be in the circuit court of the county where the plaintiff
2resides, except that if the plaintiff is a state agency, the proceedings shall be in the
3circuit court of the county where the defendant resides. The proceedings may be
4brought in any circuit court if all parties stipulate and that court agrees.
SB536,38 5Section 38. 102.23 (1) (c) of the statutes is amended to read:
SB536,24,136 102.23 (1) (c) Except as provided in par. (cm), the The commission shall serve
7its answer to the complaint within 20 days after the service of the complaint, and,
8within the like time, the adverse party
. Except as provided in par. (cm), any other
9defendant
may serve an answer to the complaint within 20 days after the service of
10the complaint
, which answer may, by way of counterclaim or cross complaint, ask for
11the review of the order or award referred to in the complaint, with the same effect
12as if the party defendant had commenced a separate action for the review thereof of
13the order or award
.
SB536,39 14Section 39. 102.23 (1) (cm) of the statutes is amended to read:
SB536,24,1715 102.23 (1) (cm) If an adverse party to the proceeding a defendant in an action
16brought under par. (a) is an insurance company, the insurance company may serve
17an answer to the complaint within 45 days after the service of the complaint.
SB536,40 18Section 40. 102.28 (2) (a) of the statutes is amended to read:
SB536,25,319 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
20the department
under par. (b) or (bm) or sub. (3), every employer, as described in s.
21102.04 (1), shall insure payment for that compensation under this chapter in an
22insurer authorized to do business in this state. A joint venture may elect to be an
23employer under this chapter and obtain insurance for payment of compensation. If
24a joint venture that is subject to this chapter only because the joint venture elected
25to be an employer under this chapter is dissolved and cancels or terminates its

1contract for the insurance of compensation under this chapter, that joint venture is
2deemed to have effected withdrawal, which shall be effective on the day after the
3contract is canceled or terminated.
SB536,41 4Section 41. 102.28 (2) (b) (title) of the statutes is amended to read:
SB536,25,55 102.28 (2) (b) (title) Exemption from duty to insure; employers generally.
SB536,42 6Section 42. 102.28 (2) (bm) of the statutes is created to read:
SB536,25,167 102.28 (2) (bm) Exemption from duty to insure; governmental employers. 1.
8Subject to subds. 2. to 4., if the state or a local governmental unit that has
9independent taxing authority is not partially insured or fully insured for its liability
10for the payment of compensation under this chapter, or to the extent that the state
11or a local governmental unit that has independent taxing authority is not partially
12insured for that liability under one or more contracts issued with the consent of the
13department under s. 102.31 (1) (b), and if the state or local governmental unit agrees
14to report faithfully all compensable injuries and to comply with this chapter and all
15rules of the department, the state or local governmental unit may elect to self-insure
16that liability without further order of the department.
SB536,25,2317 2. Notwithstanding the absence of an order of exemption from the duty to
18insure under par. (a), the state or a local governmental unit that elects to self-insure
19as provided in subd. 1. is exempt from that duty. Notwithstanding that exemption,
20if the state or a local governmental unit that elects to self-insure as provided in subd.
211. desires partial insurance or divided insurance, the state or local governmental
22unit shall obtain the consent of the department under s. 102.31 (1) (b) to the issuance
23of a contract providing such insurance.
SB536,26,524 3. a. A local governmental unit that elects to self-insure its liability for the
25payment of compensation under this chapter shall notify the department of that

1election in writing before commencing to self-insure that liability and shall notify
2the department of its intent to continue to self-insure that liability every 3 years
3after that initial notice. A local government unit that wishes to withdraw that
4election shall notify the department of that withdrawal not less than 30 days before
5the effective date of that withdrawal.
SB536,26,126 b. A notice under subd. 3. a. shall be accompanied by a resolution adopted by
7the governing body of the local governmental unit and signed by the elected or
8appointed chief executive of the local governmental unit stating that the governing
9body intends and agrees to self-insure the liability of the local governmental unit for
10the payment of compensation under this chapter and that the local government unit
11agrees to report faithfully all compensable injuries and to comply with this chapter
12and all rules of the department.
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