SB21,1195,86 102.82 (3) (a) When an employee dies as a result of an injury for which an
7uninsured employer is liable under s. 102.03, the uninsured employer shall pay
8$1,000 to the department office.
SB21,3035 9Section 3035. 102.83 (1) (a) 1. of the statutes is amended to read:
SB21,1195,1410 102.83 (1) (a) 1. If an uninsured employer or any individual who is found
11personally liable under sub. (8) fails to pay to the department office any amount owed
12to the department office under s. 102.82 and no proceeding for review is pending, the
13department office or any authorized representative may issue a warrant directed to
14the clerk of circuit court for any county of the state.
SB21,3036 15Section 3036. 102.83 (1) (a) 3. of the statutes is amended to read:
SB21,1195,2216 102.83 (1) (a) 3. A warrant entered under subd. 2. shall be considered in all
17respects as a final judgment constituting a perfected lien on the right, title, and
18interest of the uninsured employer or the individual in all of that person's real and
19personal property located in the county where the warrant is entered. The lien is
20effective when the department office issues the warrant under subd. 1. and shall
21continue until the amount owed, including interest, costs, and other fees to the date
22of payment, is paid.
SB21,3037 23Section 3037. 102.83 (1) (a) 4. of the statutes is amended to read:
SB21,1196,824 102.83 (1) (a) 4. After the warrant is entered in the judgment and lien docket,
25the department office or any authorized representative may file an execution with

1the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any
2county where real or personal property of the uninsured employer or the individual
3is found, commanding the sheriff to levy upon and sell sufficient real and personal
4property of the uninsured employer or the individual to pay the amount stated in the
5warrant in the same manner as upon an execution against property issued upon the
6judgment of a court of record, and to return the warrant to the department office and
7pay to it the money collected by virtue of the warrant within 60 days after receipt of
8the warrant.
SB21,3038 9Section 3038. 102.83 (1) (b) of the statutes is amended to read:
SB21,1196,1810 102.83 (1) (b) The clerk of circuit court shall accept and enter the warrant in
11the judgment and lien docket without prepayment of any fee, but the clerk of circuit
12court shall submit a statement of the proper fee semiannually to the department
13office covering the periods from January 1 to June 30 and July 1 to December 31
14unless a different billing period is agreed to between the clerk and the department
15office. The fees shall then be paid by the department office, but the fees provided by
16s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant
17and collected from the uninsured employer or the individual when satisfaction or
18release is presented for entry.
SB21,3039 19Section 3039. 102.83 (2) of the statutes is amended to read:
SB21,1197,420 102.83 (2) The department office may issue a warrant of like terms, force, and
21effect to any employee or other agent of the department office, who may file a copy
22of the warrant with the clerk of circuit court of any county in the state, and thereupon
23the clerk of circuit court shall enter the warrant in the judgment and lien docket and
24the warrant shall become a lien in the same manner, and with the same force and
25effect, as provided in sub. (1). In the execution of the warrant, the employee or other

1agent shall have all the powers conferred by law upon a sheriff, but may not collect
2from the uninsured employer or the individual any fee or charge for the execution of
3the warrant in excess of the actual expenses paid in the performance of his or her
4duty.
SB21,3040 5Section 3040. 102.83 (3) of the statutes is amended to read:
SB21,1197,106 102.83 (3) If a warrant is returned not satisfied in full, the department office
7shall have the same remedies to enforce the amount due for payments, interest,
8costs, and other fees as if the department office had recovered judgment against the
9uninsured employer or the individual and an execution had been returned wholly or
10partially not satisfied.
SB21,3041 11Section 3041. 102.83 (4) of the statutes is amended to read:
SB21,1197,1712 102.83 (4) When the payments, interest, costs, and other fees specified in a
13warrant have been paid to the department office, the department office shall issue
14a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of
15circuit court shall immediately enter the satisfaction of the judgment in the
16judgment and lien docket. The department office shall send a copy of the satisfaction
17to the uninsured employer or the individual.
SB21,3042 18Section 3042. 102.83 (5) of the statutes is amended to read:
SB21,1197,2519 102.83 (5) The department office, if it finds that the interests of the state will
20not be jeopardized, and upon such conditions as it may exact, may issue a release of
21any warrant with respect to any real or personal property upon which the warrant
22is a lien or cloud upon title. The clerk of circuit court shall enter the release upon
23presentation of the release to the clerk and payment of the fee for filing the release
24and the release shall be conclusive proof that the lien or cloud upon the title of the
25property covered by the release is extinguished.
SB21,3043
1Section 3043. 102.83 (6) of the statutes is amended to read:
SB21,1198,72 102.83 (6) At any time after the filing of a warrant, the department office may
3commence and maintain a garnishee action as provided by ch. 812 or may use the
4remedy of attachment as provided by ch. 811 for actions to enforce a judgment. The
5place of trial of an action under ch. 811 or 812 may be either in Dane County or the
6county where the debtor resides and may not be changed from the county in which
7the action is commenced, except upon consent of the parties.
SB21,3044 8Section 3044. 102.83 (7) of the statutes is amended to read:
SB21,1198,129 102.83 (7) If the department office issues an erroneous warrant, the
10department office shall issue a notice of withdrawal of the warrant to the clerk of
11circuit court for the county in which the warrant is filed. The clerk shall void the
12warrant and any liens attached by it.
SB21,3045 13Section 3045. 102.83 (8) of the statutes is amended to read:
SB21,1199,214 102.83 (8) Any officer or director of an uninsured employer that is a corporation
15and any member or manager of an uninsured employer that is a limited liability
16company may be found individually and jointly and severally liable for the payments,
17interest, costs and other fees specified in a warrant under this section if after proper
18proceedings for the collection of those amounts from the corporation or limited
19liability company, as provided in this section, the corporation or limited liability
20company is unable to pay those amounts to the department office. The personal
21liability of the officers and directors of a corporation or of the members and managers
22of a limited liability company as provided in this subsection is an independent
23obligation, survives dissolution, reorganization, bankruptcy, receivership,
24assignment for the benefit of creditors, judicially confirmed extension or

1composition, or any analogous situation of the corporation or limited liability
2company, and shall be set forth in a determination or decision issued under s. 102.82.
SB21,3046 3Section 3046. 102.835 (1) (ad) of the statutes is amended to read:
SB21,1199,54 102.835 (1) (ad) "Debtor" means an uninsured employer or an individual found
5personally liable under s. 102.83 (8) who owes the department office a debt.
SB21,3047 6Section 3047. 102.835 (1) (e) of the statutes is amended to read:
SB21,1199,87 102.835 (1) (e) "Payment" means a payment owed to the department office
8under s. 102.82 and includes interest on that payment.
SB21,3048 9Section 3048. 102.835 (2) of the statutes is amended to read:
SB21,1199,1610 102.835 (2) Powers of levy and distraint. If any debtor who is liable for any
11debt fails to pay that debt after the department office has made demand for payment,
12the department office may collect that debt and the expenses of the levy by levy upon
13any property belonging to the debtor. If the value of any property that has been levied
14upon under this section is not sufficient to satisfy the claim of the department office,
15the department office may levy upon any additional property of the debtor until the
16debt and expenses of the levy are fully paid.
SB21,3049 17Section 3049. 102.835 (3) of the statutes is amended to read:
SB21,1199,2318 102.835 (3) Duties to surrender. Any person in possession of or obligated with
19respect to property or rights to property that is subject to levy and upon which a levy
20has been made shall, upon demand of the department office, surrender the property
21or rights or discharge the obligation to the department office, except that part of the
22property or rights which is, at the time of the demand, subject to any prior
23attachment or execution under any judicial process.
SB21,3050 24Section 3050. 102.835 (4) (a) of the statutes is amended to read:
SB21,1200,3
1102.835 (4) (a) Any debtor who fails to surrender any property or rights to
2property that is subject to levy, upon demand by the department office, is subject to
3proceedings to enforce the amount of the levy.
SB21,3051 4Section 3051. 102.835 (4) (b) of the statutes is amended to read:
SB21,1200,125 102.835 (4) (b) Any 3rd party who fails to surrender any property or rights to
6property subject to levy, upon demand of the department office, is subject to
7proceedings to enforce the levy. The 3rd party is not liable to the department office
8under this paragraph for more than 25% of the debt. The department office shall
9serve a final demand as provided under sub. (13) on any 3rd party who fails to
10surrender property. Proceedings may not be initiated by the department office until
115 days after service of the final demand. The department office shall issue a
12determination under s. 102.82 to the 3rd party for the amount of the liability.
SB21,3052 13Section 3052. 102.835 (4) (c) of the statutes is amended to read:
SB21,1200,1814 102.835 (4) (c) When a 3rd party surrenders the property or rights to the
15property on demand of the department office or discharges the obligation to the
16department office for which the levy is made, the 3rd party is discharged from any
17obligation or liability to the debtor with respect to the property or rights to the
18property arising from the surrender or payment to the department office.
SB21,3053 19Section 3053. 102.835 (5) (a) of the statutes is amended to read:
SB21,1201,220 102.835 (5) (a) If the department office has levied upon property, any person,
21other than the debtor who is liable to pay the debt out of which the levy arose, who
22claims an interest in or lien on that property, and who claims that that property was
23wrongfully levied upon may bring a civil action against the state in the circuit court
24for Dane County. That action may be brought whether or not that property has been
25surrendered to the department office. The court may grant only the relief under par.

1(b). No other action to question the validity of or to restrain or enjoin a levy by the
2department office may be maintained.
SB21,3054 3Section 3054. 102.835 (5) (c) of the statutes is amended to read:
SB21,1201,64 102.835 (5) (c) For purposes of an adjudication under this subsection, the
5determination of the debt upon which the interest or lien of the department office is
6based is conclusively presumed to be valid.
SB21,3055 7Section 3055. 102.835 (6) of the statutes is amended to read:
SB21,1201,98 102.835 (6) Determination of expenses. The department office shall
9determine its costs and expenses to be paid in all cases of levy.
SB21,3056 10Section 3056. 102.835 (7) (a) of the statutes is amended to read:
SB21,1201,1411 102.835 (7) (a) The department office shall apply all money obtained under this
12section first against the expenses of the proceedings and then against the liability
13in respect to which the levy was made and any other liability owed to the department
14office by the debtor.
SB21,3057 15Section 3057. 102.835 (7) (b) of the statutes is amended to read:
SB21,1201,1816 102.835 (7) (b) The department office may refund or credit any amount left
17after the applications under par. (a), upon submission of a claim for a refund or credit
18and satisfactory proof of the claim, to the person entitled to that amount.
SB21,3058 19Section 3058. 102.835 (8) of the statutes is amended to read:
SB21,1201,2220 102.835 (8) Release of levy. The department office may release the levy upon
21all or part of property levied upon to facilitate the collection of the liability or to grant
22relief from a wrongful levy, but that release does not prevent any later levy.
SB21,3059 23Section 3059. 102.835 (9) of the statutes is amended to read:
SB21,1202,224 102.835 (9) Wrongful levy. If the department office determines that property
25has been wrongfully levied upon, the department office may return the property at

1any time, or may return an amount of money equal to the amount of money levied
2upon.
SB21,3060 3Section 3060. 102.835 (10) of the statutes is amended to read:
SB21,1202,64 102.835 (10) Preservation of remedies. The availability of the remedy under
5this section does not abridge the right of the department office to pursue other
6remedies.
SB21,3061 7Section 3061. 102.835 (12) of the statutes is amended to read:
SB21,1202,208 102.835 (12) Notice before levy. If no proceeding for review permitted by law
9is pending, the department office shall make a demand to the debtor for payment of
10the debt which that is subject to levy and give notice that the department office may
11pursue legal action for collection of the debt against the debtor. The department
12office shall make the demand for payment and give the notice at least 10 days prior
13to the levy, personally or by any type of mail service which that requires a signature
14of acceptance, at the address of the debtor as it appears on the records of the
15department office. The demand for payment and notice shall include a statement of
16the amount of the debt, including costs and fees, and the name of the debtor who is
17liable for the debt. The debtor's failure to accept or receive the notice does not prevent
18the department office from making the levy. Notice prior to levy is not required for
19a subsequent levy on any debt of the same debtor within one year after the date of
20service of the original levy.
SB21,3062 21Section 3062. 102.835 (13) (a) of the statutes is amended to read:
SB21,1202,2422 102.835 (13) (a) The department office shall serve the levy upon the debtor and
233rd party by personal service or by any type of mail service which that requires a
24signature of acceptance.
SB21,3063 25Section 3063. 102.835 (13) (c) of the statutes is amended to read:
SB21,1203,4
1102.835 (13) (c) The department representative of the office who serves the levy
2shall certify service of process on the notice of levy form and the person served shall
3acknowledge receipt of the certification by signing and dating it. If service is made
4by mail, the return receipt is the certificate of service of the levy.
SB21,3064 5Section 3064. 102.835 (14) of the statutes is amended to read:
SB21,1203,126 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy
7upon a 3rd party, the 3rd party shall file an answer with the department office stating
8whether the 3rd party is in possession of or obligated with respect to property or
9rights to property of the debtor, including a description of the property or the rights
10to property and the nature and dollar amount of any such obligation. If the 3rd party
11is an insurance company, the insurance company shall file an answer with the
12department office within 45 days after the service of the levy.
SB21,3065 13Section 3065. 102.835 (19) of the statutes is amended to read:
SB21,1203,1914 102.835 (19) Hearing. Any debtor who is subject to a levy proceeding made by
15the department office may request a hearing under s. 102.17 to review the levy
16proceeding. The hearing is limited to questions of prior payment of the debt that the
17department office is proceeding against, and mistaken identity of the debtor. The
18levy is not stayed pending the hearing in any case in which property is secured
19through the levy.
SB21,3066 20Section 3066. 102.85 (2) (a) of the statutes is amended to read:
SB21,1203,2421 102.85 (2) (a) Gives false information about the coverage to his or her
22employees, the department office, or any other person who contracts with the
23employer and who requests evidence of worker's compensation coverage in relation
24to that contract.
SB21,3067 25Section 3067. 102.85 (5) (a) of the statutes is amended to read:
SB21,1204,8
1102.85 (5) (a) The payment of any judgment under this section may be
2suspended or deferred for not more than 90 days in the discretion of the court. The
3court shall suspend a judgment under this section upon the motion of the department
4office, if the department office is satisfied that the employer's violation of s. 102.16
5(3) or 102.28 (2) was beyond the employer's control and that the employer is no longer
6violates in violation of s. 102.16 (3) or 102.28 (2). In cases where If a deposit has been
7made, any forfeitures, surcharges, fees, and costs imposed under ch. 814 shall be
8taken out of the deposit and the balance, if any, returned to the employer.
SB21,3068 9Section 3068. 102.87 (1) of the statutes is renumbered 102.87 (1m).
SB21,3069 10Section 3069. 102.87 (1d) of the statutes is created to read:
SB21,1204,1511 102.87 (1d) In this section, "deputy" means any person employed by the office
12who is designated as a deputy, who possesses special, technical, scientific,
13managerial or personal abilities or qualities in matters within the jurisdiction of the
14office, and who may be engaged in the performance of duties under the direction of
15the commissioner, calling for the exercise of those abilities or qualities.
SB21,3070 16Section 3070. 102.87 (2) (intro.) of the statutes is amended to read:
SB21,1204,1917 102.87 (2) (intro.) A citation under this section shall be signed by a department
18deputy, or by an officer who has authority to make arrests for the violation, and shall
19contain substantially the following information:
SB21,3071 20Section 3071. 102.87 (2) (b) of the statutes is amended to read:
SB21,1204,2221 102.87 (2) (b) The name and office or department of the issuing department
22deputy or officer.
SB21,3072 23Section 3072. 102.87 (3) of the statutes is amended to read:
SB21,1205,824 102.87 (3) A defendant issued a citation under this section may deposit the
25amount of money that the issuing department deputy or officer directs by mailing or

1delivering the deposit and a copy of the citation before the court appearance date to
2the clerk of the circuit court in the county where the violation occurred, to the
3department office, or to the sheriff's office or police headquarters of the officer who
4issued the citation. The basic amount of the deposit shall be determined under a
5deposit schedule established by the judicial conference. The judicial conference shall
6annually review and revise the schedule. In addition to the basic amount determined
7by the schedule, the deposit shall include the costs, fees, and surcharges imposed
8under ch. 814.
SB21,3073 9Section 3073. 102.87 (9) of the statutes is amended to read:
SB21,1205,1710 102.87 (9) A department deputy or an officer who collects under this section a
11forfeiture and costs, fees, and surcharges imposed under ch. 814 under this section
12shall pay the money to the county treasurer within 20 days after its receipt. If the
13department deputy or officer fails to make timely payment, the county treasurer may
14collect the payment from the department deputy or officer by an action in the
15treasurer's name of office and upon the official bond of the department deputy or
16officer, with interest at the rate of 12% 12 percent per year from the time when it the
17payment
should have been paid made.
SB21,3074 18Section 3074. 102.88 (1) of the statutes is amended to read:
SB21,1205,2419 102.88 (1) When a person is convicted of any violation of this chapter or of any
20department rule or order of the office, and it is alleged in the indictment, information,
21or complaint, and proved or admitted on trial or ascertained by the court after
22conviction that the person was previously subjected to a fine or forfeiture within a
23period of 5 years under s. 102.85, the person may be fined not more than $2,000 or
24imprisoned for not more than 90 days or both.
SB21,3075 25Section 3075. 102.89 (1) of the statutes is amended to read:
SB21,1206,5
1102.89 (1) Whoever is concerned in the commission of a violation of this chapter
2or of any department rule or order of the office under this chapter for which a
3forfeiture is imposed is a principal and may be charged with and convicted of the
4violation although he or she did not directly commit it the violation and although the
5person who directly committed it the violation has not been convicted of the violation.
SB21,3076 6Section 3076. 103.001 (6) of the statutes is amended to read:
SB21,1206,117 103.001 (6) "Employer" means any person, firm, corporation, state, county,
8town, city, village, school district, sewer district, drainage district, long-term care
9district
and other public or quasi-public corporations as well as any agent, manager,
10representative or other person having control or custody of any employment, place
11of employment or of any employee.
SB21,3077 12Section 3077. 103.49 (1) (f) of the statutes is amended to read:
SB21,1206,1913 103.49 (1) (f) "State agency" means any office, department, independent
14agency, institution of higher education, association, society or other body in state
15government created or authorized to be created by the constitution or any law,
16including the legislature and the courts. "State agency" also includes the University
17of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System
18Authority,
the Fox River Navigational System Authority, and the Wisconsin
19Aerospace Authority.
SB21,3078 20Section 3078. 103.50 (2) of the statutes is amended to read:
SB21,1207,721 103.50 (2) Prevailing wage rates and hours of labor. No person performing
22the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
23or other person performing any work on a project under a contract based on bids as
24provided in s. 84.06 (2), or under a contract under s. 84.06 (2m) (e), to which the state
25is a party for the construction or improvement of any highway may be permitted to

1work a greater number of hours per day or per week than the prevailing hours of
2labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate
3in the area in which the work is to be done determined under sub. (3); except that any
4such person may be permitted or required to work more than such prevailing hours
5of labor per day and per week if he or she is paid for all hours worked in excess of the
6prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of
7pay.
SB21,3079 8Section 3079. 106.05 (2) (b) (intro.) of the statutes is amended to read:
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