Amendment SSA1-SB21

SB21-SSA1,2980d Section 2980d. 102.61 (1m) (c) of the statutes is amended to read:

SB21-SSA1,900,25 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employee by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including the cost of tuition, fees, books, maintenance, and travel at the same rate as is provided for state officers and employees under s. 20.916 (8). Notwithstanding that the department or the division may authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.

SB21-SSA1,2984 Section 2984. 102.61 (2) of the statutes is amended to read:

SB21-SSA1,901,8 102.61 (2) The department division, the commission, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as the department division, the commission, and the courts determine other issues under this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

SB21-SSA1,2985 Section 2985. 102.62 of the statutes is amended to read:

SB21-SSA1,901,25 102.62 Primary and secondary liability; unchangeable. In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the department division for the recovery of that liability, the department division shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, or if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.

SB21-SSA1,2987d Section 2987d. 102.64 (1) of the statutes is amended to read:

SB21-SSA1,902,13 102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of those payments but such compromises shall be subject to review by the department of workforce development or the division. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department or the division. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.

SB21-SSA1,2988d Section 2988d. 102.64 (2) of the statutes is amended to read:

SB21-SSA1,903,2 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. Except as provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department of workforce development or the division. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.

SB21-SSA1,2991d Section 2991d. 102.65 (3) of the statutes is amended to read:

SB21-SSA1,903,11 102.65 (3) The department of workforce development may retain the department of administration to process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce development, the department of administration may compromise a claim processed by that department, but a compromise made by that department is subject to review by the department of workforce development or the division. The department of workforce development shall pay for the services retained under this subsection from the appropriation account under s. 20.445 (1) (t).

SB21-SSA1,2992 Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:

SB21-SSA1,903,24 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred losses to, the work injury supplemental benefit fund using generally accepted actuarial principles. If the secretary determines that the expected ultimate losses to the work injury supplemental benefit fund on known claims exceed 85 percent of the cash balance in that fund, the secretary shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, determines that there is a reasonable likelihood that the cash balance in the work injury supplemental benefit fund may become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file with the secretary of administration a certificate attesting that the cash balance in that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66 and specifying one of the following:

SB21-SSA1,2995d Section 2995d. 102.66 (1) of the statutes is amended to read:

SB21-SSA1,904,14 102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an otherwise meritorious claim for occupational disease, or for a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment or burial expenses, is before April 1, 2006, and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the department or the division may, in lieu of worker's compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.

SB21-SSA1,2996d Section 2996d. 102.75 (1) of the statutes is amended to read:

SB21-SSA1,905,5 102.75 (1) The department shall assess upon and collect from each licensed worker's compensation insurance carrier and from each employer exempted under s. 102.28 (2) by special order or by rule, the proportion of total costs and expenses incurred by the council on worker's compensation for travel and research and by the department, the division, and the commission in the administration of this chapter for the current fiscal year plus any deficiencies in collections and anticipated costs from the previous fiscal year, that the total indemnity paid or payable under this chapter by each such carrier and exempt employer in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double or treble compensation bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers and exempt employers other than for increased, double or treble compensation. The council on worker's compensation, the division, and the commission shall annually certify any costs and expenses for worker's compensation activities to the department at such time as the secretary requires.

SB21-SSA1,2997 Section 2997. 102.75 (1g) of the statutes is created to read:

SB21-SSA1,905,14 102.75 (1g) (a) Subject to par. (b), the department shall collect from each licensed worker's compensation carrier the proportion of reimbursement approved by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year before the previous year that the total indemnity paid or payable under this chapter by the carrier in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers, other than for increased, double, or treble compensation.

SB21-SSA1,905,22 (b) The maximum amount that the department may collect under par. (a) in a calendar year is $5,000,000. If the amount determined collectible under par. (a) in a calendar year is $5,000,000 or less, the department shall collect that amount. If the amount determined collectible under par. (a) in a calendar year exceeds $5,000,000, the department shall collect $5,000,000 in the year in which the determination is made and, subject to the maximum amount collectible of $5,000,000 per calendar year, shall collect the excess in the next calendar year or in subsequent calendar years until that excess is collected in full.

SB21-SSA1,905,25 (c) This subsection does not apply to claims for reimbursement under s. 102.44 (1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1, 2016.

SB21-SSA1,3000 Section 3000. 102.75 (1m) of the statutes is amended to read:

SB21-SSA1,906,7 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

SB21-SSA1,3002 Section 3002. 102.75 (2) of the statutes is amended to read:

SB21-SSA1,906,21 102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments required under sub. (1) for each fiscal year on such dates as the department prescribes. The department shall also require each licensed worker's compensation insurance carrier to make the payments required under sub. (1g) for each fiscal year on those dates. Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 30 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB21-SSA1,3006 Section 3006. 102.80 (1) (f) of the statutes is created to read:

SB21-SSA1,906,24 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).

SB21-SSA1,3018 Section 3018. 102.81 (1) (c) of the statutes is created to read:

SB21-SSA1,907,7 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of $1,000,000 from the uninsured employers fund in the first instance. If the claim is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of administration shall transfer from the appropriation account under s. 20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to the amount by which payments from the uninsured employers fund on the claim are in excess of $1,000,000.

SB21-SSA1,907,14 2. Each calendar year the department shall file with the secretary of administration a certificate setting forth the number of claims in excess of $1,000,000 in the preceding year paid from the uninsured employers fund, the payments made from the uninsured employers fund on each such claim in the preceding year, and the total payments made from the uninsured employers fund on all such claims and, based on that information, the secretary of administration shall determine the amount to be transferred under subd. 1. in that calendar year.

SB21-SSA1,907,22 3. The maximum amount that the secretary of administration may transfer under subd. 1. in a calendar year is $500,000. If the amount determined under subd. 2. is $500,000 or less, the secretary of administration shall transfer the amount determined under subd. 2. If the amount determined under subd. 2. exceeds $500,000, the secretary of administration shall transfer $500,000 in the calendar year in which the determination is made and, subject to the maximum transfer amount of $500,000 per calendar year, shall transfer that excess in the next calendar year or in subsequent calendar years until that excess is transferred in full.

SB21-SSA1,3076c Section 3076c. 103.005 (14m) of the statutes is created to read:

SB21-SSA1,907,25 103.005 (14m) (a) In this subsection, "qualified independent researcher" means a faculty member of a university who satisfies all of the following:

SB21-SSA1,908,3 1. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under s. 119.23.

SB21-SSA1,908,6 2. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under s. 119.23 before the effective date of this subdivision .... [LRB inserts date].

SB21-SSA1,908,14 (b) The department shall, to the extent permitted under federal law, permit a qualified independent researcher to have access to any database maintained by the department for the purpose of cross-matching information contained in any such database with a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under s. 119.23. The department may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the department to provide the information.

SB21-SSA1,3076d Section 3076d. 103.06 (1) (b) 5. of the statutes is amended to read:

SB21-SSA1,908,18 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employee, as defined in s. 104.01 (2).

SB21-SSA1,3076h Section 3076h. 103.06 (1) (c) 5. of the statutes is amended to read:

SB21-SSA1,908,22 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employer, as defined in s. 104.01 (3).

SB21-SSA1,3076p Section 3076p. 103.06 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1,909,3 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages as required under s. 103.457.

SB21-SSA1,3076t Section 3076t. 103.06 (4) (a) 1. of the statutes is amended to read:

SB21-SSA1,909,11 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment and examine and copy any records that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records, records of wage withholdings, records of work activity and hours of work, and records or indicia of the employment status of persons performing work for the employer; and any other records relating to compliance with the requirements specified in sub. (3) (a).

SB21-SSA1,3078am Section 3078am. 103.67 (2) (fm) 3. of the statutes is amended to read:

SB21-SSA1,909,14 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1,3078b Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:

SB21-SSA1,909,17 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1,3078bg Section 3078bg. 103.85 (2) (g) of the statutes is created to read:

SB21-SSA1,909,20 103.85 (2) (g) An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.

SB21-SSA1,3078bm Section 3078bm. 104.001 (1) of the statutes is amended to read:

SB21-SSA1,910,3 104.001 (1) The legislature finds that the provision of a living minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a living minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a living minimum wage that is uniform throughout the state.

SB21-SSA1,3078c Section 3078c. 104.001 (2) of the statutes is amended to read:

SB21-SSA1,910,7 104.001 (2) A city, village, town, or county may not enact and administer an ordinance establishing a living minimum wage. Any city, village, town, or county living minimum wage ordinance that is in effect on June 16, 2005, is void.

SB21-SSA1,3078cm Section 3078cm. 104.01 (intro.) of the statutes is amended to read:

SB21-SSA1,910,10 104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

SB21-SSA1,3078d Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).

SB21-SSA1,3078dm Section 3078dm. 104.01 (1d) of the statutes is created to read:

SB21-SSA1,910,14 104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).

SB21-SSA1,3078e Section 3078e. 104.01 (5) of the statutes is repealed.

SB21-SSA1,3078em Section 3078em. 104.01 (5g) of the statutes is created to read:

SB21-SSA1,910,17 104.01 (5g) "Minor employee" means an employee who is under 18 years of age.

SB21-SSA1,3078f Section 3078f. 104.01 (5m) of the statutes is created to read:

SB21-SSA1,910,20 104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.

SB21-SSA1,3078fm Section 3078fm. 104.01 (7m) of the statutes is created to read:

SB21-SSA1,910,24 104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.

SB21-SSA1,3078g Section 3078g. 104.01 (8) of the statutes is amended to read:

SB21-SSA1,911,2 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

SB21-SSA1,3078gm Section 3078gm. 104.02 and 104.03 of the statutes are consolidated, renumbered 104.02 and amended to read:

SB21-SSA1,911,12 104.02 Living Minimum wage prescribed: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living the applicable minimum wage established under s. 104.035. 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).

SB21-SSA1,3078h Section 3078h. 104.035 of the statutes is created to read:

SB21-SSA1,911,15 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.

SB21-SSA1,911,20 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,911,21 1. For lodging, $58 per week or $8.30 per day.

SB21-SSA1,911,22 2. For meals, $87 per week or $4.15 per meal.

SB21-SSA1,911,24 (2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour.

SB21-SSA1,912,5 (b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,912,6 1. For lodging, $58 per week or $8.30 per day.

SB21-SSA1,912,7 2. For meals, $87 per week or $4.15 per meal.

SB21-SSA1,912,9 (2m) Opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.

SB21-SSA1,912,13 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,912,14 1. For lodging, $47.20 per week or $6.75 per day.

SB21-SSA1,912,15 2. For meals, $70.80 per week or $3.35 per meal.

SB21-SSA1,912,21 (3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:

SB21-SSA1,912,23 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

SB21-SSA1,912,25 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

SB21-SSA1,913,4 (b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.

SB21-SSA1,913,6 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.