SB21,2843 4Section 2843. 102.23 (1) (b) of the statutes is amended to read:
SB21,1126,125 102.23 (1) (b) In such an action for review of an order or award a complaint shall
6be served with an authenticated copy of the summons. The complaint need not be
7verified, but shall state the grounds upon which a review is sought. Service upon a
8commissioner or member of the commission or an agent authorized by the
9commission to accept service constitutes complete service on all parties, but there
10shall be left with the person so served as many copies of the summons and complaint
11as there are defendants, and the commission shall electronically deliver or mail one
12copy to each other defendant.
SB21,2844 13Section 2844. 102.23 (2) of the statutes is amended to read:
SB21,1126,1714 102.23 (2) Upon the trial of any such an action for review of an order or award
15the court shall disregard any irregularity or error of the commission or the
16department division unless it is made to affirmatively appear that the plaintiff was
17damaged thereby by that irregularity or error.
SB21,2845 18Section 2845. 102.23 (3) of the statutes is amended to read:
SB21,1126,2219 102.23 (3) The record in any case shall be transmitted to the department
20division within 5 days after expiration of the time for appeal from the order or
21judgment of the court, unless an appeal shall be is taken from such that order or
22judgment.
SB21,2846 23Section 2846. 102.23 (5) of the statutes is amended to read:
SB21,1127,324 102.23 (5) When an action for review involves only the question of liability as
25between the employer and one or more insurance companies or as between several

1insurance companies, a party that has been ordered by the department division, the
2commission, or a court to pay compensation is not relieved from paying compensation
3as ordered.
SB21,2847 4Section 2847. 102.24 (2) of the statutes is amended to read:
SB21,1127,135 102.24 (2) After the commencement of an action to review any order or award
6of the commission, the parties may have the record remanded by the court for such
7time and under such condition as they the parties may provide, for the purpose of
8having the department division act upon the question of approving or disapproving
9any settlement or compromise that the parties may desire to have so approved. If
10approved, the action shall be at an end and judgment may be entered upon the
11approval as upon an award. If not approved, the division shall immediately return
12the record shall forthwith be returned to the circuit court and the action shall proceed
13as if no remand had been made.
SB21,2848 14Section 2848. 102.25 (1) of the statutes is amended to read:
SB21,1127,2515 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
16order or award may appeal therefrom the judgment within the time period specified
17in s. 808.04 (1). A trial court shall may not require the commission or any party to
18the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or
19secure approval of, a transcript of the notes of the stenographic reporter or the tape
20of the recording machine. The state is a party aggrieved under this subsection if a
21judgment is entered upon the review confirming any order or award against it the
22state
. At any time before the case is set down for hearing in the court of appeals or
23the supreme court, the parties may have the record remanded by the court to the
24department division in the same manner and for the same purposes as provided for
25remanding from the circuit court to the department division under s. 102.24 (2).
SB21,2849
1Section 2849. 102.26 (2) of the statutes is amended to read:
SB21,1128,142 102.26 (2) Unless previously authorized by the department division, no fee may
3be charged or received for the enforcement or collection of any claim for
4compensation, nor may any contract for that enforcement or collection be enforceable
5when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
6enforcement or collection, exceeds 20 percent of the amount at which that the claim
7is compromised or of the amount awarded, adjudged, or collected, except that in cases
8of admitted liability in which there is no dispute as to the amount of compensation
9due and in which no hearing or appeal is necessary, the fee charged may not exceed
1010 percent, but not to exceed $250, of the amount at which that the claim is
11compromised or of the amount awarded, adjudged, or collected. The limitation as to
12fees shall apply to the combined charges of attorneys, solicitors, representatives, and
13adjusters who knowingly combine their efforts toward the enforcement or collection
14of any compensation claim.
SB21,2850 15Section 2850. 102.26 (3) (b) 1. of the statutes is amended to read:
SB21,1128,1916 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of
17any interested party and subject to sub. (2), the division may fix the fee of the
18claimant's attorney or representative and provide in the award for that fee to be paid
19directly to the attorney or representative.
SB21,2851 20Section 2851. 102.26 (3) (b) 3. of the statutes is amended to read:
SB21,1129,321 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
22to pay any compensation that is due the claimant by depositing the payment directly
23into an account maintained by the claimant at a financial institution. If the insurer
24or self-insured employer agrees to the request, the insurer or self-insured employer
25may deposit the payment by direct deposit, electronic funds transfer, or any other

1money transfer technique approved by the department division. The claimant may
2revoke a request under this subdivision at any time by providing appropriate written
3notice to the insurer or self-insured employer.
SB21,2852 4Section 2852. 102.26 (4) of the statutes is amended to read:
SB21,1129,115 102.26 (4) The charging or receiving of Any attorney or other person who
6charges or receives
any fee in violation of this section shall be unlawful, and the
7attorney or other person guilty thereof shall
may be required to forfeit double the
8amount retained by the attorney or other person, the same to which forfeiture shall
9be collected by the state in an action in debt, upon complaint of the department
10division. Out of the sum recovered the court shall direct payment to the injured party
11of the amount of the overcharge.
SB21,2853 12Section 2853. 102.27 (2) (b) of the statutes is amended to read:
SB21,1129,2413 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
14to pay medical costs or living expenses related to a claim under this chapter and if
15the governmental unit has given the parties to the claim written notice stating that
16the governmental unit provided the assistance and the cost of that assistance
, the
17employer or insurance carrier owing compensation shall reimburse that
18governmental unit any compensation awarded or paid if the governmental unit has
19given the parties to the claim written notice stating that it provided the assistance
20and the cost of the assistance provided. Reimbursement shall equal the lesser of
21either
for the amount of assistance the governmental unit provided or two-thirds of
22the amount of the award or payment remaining after deduction of attorney fees and
23any other fees or costs chargeable under ch. 102, whichever is less. The department
24office shall comply with this paragraph when making payments under s. 102.81.
SB21,2854 25Section 2854. 102.28 (2) (a) of the statutes is amended to read:
SB21,1130,10
1102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
2the department office under par. (b) or sub. (3), every employer, as described in s.
3102.04 (1), shall insure payment for that compensation in an insurer authorized to
4do business in this state. A joint venture may elect to be an employer under this
5chapter and obtain insurance for payment of compensation. If a joint venture that
6is subject to this chapter only because the joint venture elected to be an employer
7under this chapter is dissolved and cancels or terminates its contract for the
8insurance of compensation under this chapter, that joint venture is deemed
9considered to have effected withdrawal, which shall be effective on the day after the
10contract is canceled or terminated.
SB21,2855 11Section 2855. 102.28 (2) (b) of the statutes is amended to read:
SB21,1131,212 102.28 (2) (b) Exemption from duty to insure. The department office may grant
13a written order of exemption to an employer who shows its financial ability to pay
14the amount of compensation, agrees to report faithfully all compensable injuries, and
15agrees to comply with this chapter and the rules of the department office. The
16department office may condition the granting of an exemption upon the employer's
17furnishing of satisfactory security to guarantee payment of all claims under for
18compensation. The department office may require that bonds or other personal
19guarantees be enforceable against sureties in the same manner as an award may be
20enforced. The department office may from time to time require proof of financial
21ability of the employer to pay compensation. Any exemption shall be void if the
22application for it contains a financial statement which that is false in any material
23respect. An employer who files an application containing a false financial statement
24remains subject to par. (a). The department office may promulgate rules establishing
25an amount to be charged to an initial applicant for exemption under this paragraph

1and an annual amount to be charged to employers that have been exempted under
2this paragraph.
SB21,2856 3Section 2856. 102.28 (2) (c) of the statutes is amended to read:
SB21,1131,234 102.28 (2) (c) Revocation of exemption. The department, after After seeking the
5advice of the self-insurers council, the office may revoke an exemption granted to an
6employer under par. (b), upon giving the employer 10 days' written notice, if the
7department office finds that the employer's financial condition is inadequate to pay
8its employees' claims for compensation, that the employer has received an excessive
9number of claims for compensation, or that the employer has failed to discharge
10faithfully its obligations according to the agreement contained in the application for
11exemption. The employer may, within Within 10 days after receipt of the notice of
12revocation, the employer may request in writing a review of the revocation by the
13secretary commissioner or the secretary's commissioner's designee and the secretary
14commissioner or the secretary's designee shall review the revocation within 30 days
15after receipt of the request for review. If the employer is aggrieved by the
16determination of the secretary commissioner or the secretary's commissioner's
17designee, the employer may, within 10 days after receipt of notice of that
18determination, request a hearing under s. 102.17. If the secretary commissioner or
19the secretary's commissioner's designee determines that the employer's exemption
20should be revoked, the employer shall obtain insurance coverage as required under
21par. (a) immediately upon receipt of notice of that determination and,
22notwithstanding the pendency of proceedings under ss. 102.17 to 102.25, shall keep
23that coverage in force until another exemption under par. (b) is granted.
SB21,2857 24Section 2857. 102.28 (2) (d) of the statutes is amended to read:
SB21,1132,6
1102.28 (2) (d) Effect of insuring with unauthorized insurer. An employer who
2procures after procuring an exemption under par. (b) and thereafter enters into any
3agreement for excess insurance coverage with an insurer not authorized to do
4business in this state shall report that agreement to the department office
5immediately. The placing of such that coverage shall not by itself be grounds for
6revocation of the exemption.
SB21,2858 7Section 2858. 102.28 (3) (a) (intro.) of the statutes is amended to read:
SB21,1132,148 102.28 (3) (a) (intro.) An employer may file with the department office an
9application for exemption from the duty to pay compensation under this chapter with
10respect to any employee who signs the waiver described in subd. 1. and the affidavit
11described in subd. 2. if an authorized representative of the religious sect to which the
12employee belongs signs the affidavit specified in subd. 3. and the agreement
13described in subd. 4. An application for exemption under this paragraph shall
14include all of the following:
SB21,2859 15Section 2859. 102.28 (3) (b) (intro.) of the statutes is amended to read:
SB21,1132,1816 102.28 (3) (b) (intro.) The department office shall approve an application under
17par. (a) if the department office determines that all of the following conditions are
18satisfied:
SB21,2860 19Section 2860. 102.28 (3) (b) 3. of the statutes is amended to read:
SB21,1133,320 102.28 (3) (b) 3. The religious sect to which the employee belongs has a
21long-established history of providing its members who become dependent on the
22religious sect as a result of work-related injuries, and the dependents of those
23members, with a standard of living and medical treatment that are reasonable when
24compared to the general standard of living and medical treatment for members of the
25religious sect. In determining whether the religious sect has a long-standing history

1of providing the financial and medical assistance described in this subdivision, the
2department office shall presume that a 25-year history of providing that financial
3and medical assistance is long-standing for purposes of this subdivision.
SB21,2861 4Section 2861. 102.28 (3) (c) of the statutes is amended to read:
SB21,1133,205 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an
6affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
7employer would be liable for under s. 102.03, who at the time of the injury was a
8member of a religious sect whose authorized representative has filed an affidavit
9under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
10becomes dependent on the religious sect for financial and medical assistance, or the
11employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
12religious sect has provided the employee and his or her dependents with a standard
13of living and medical treatment that are reasonable when compared to the general
14standard of living and medical treatment for members of the religious sect. If, after
15hearing, the department division determines that the religious sect has not provided
16that standard of living or medical treatment, or both, the department division may
17order the religious sect to provide alternative benefits to that employee or his or her
18dependent, or both, in an amount that is reasonable under the circumstances, but
19not in excess of the benefits that the employee or dependent could have received
20under this chapter but for the waiver under par. (a) 1.
SB21,2862 21Section 2862. 102.28 (3) (d) of the statutes is amended to read:
SB21,1134,222 102.28 (3) (d) The department office shall provide a form for the application for
23exemption of an employer under par. (a) (intro.), the waiver and affidavit of an
24employee under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3., and
25the agreement of a religious sect under par. (a) 4. A properly completed form is prima

1facie evidence of satisfaction of the conditions under par. (b) as to the matter
2contained in the form.
SB21,2863 3Section 2863. 102.28 (4) (a) of the statutes is amended to read:
SB21,1134,64 102.28 (4) (a) When the department office discovers an uninsured employer,
5the department office may order the employer to cease operations until the employer
6complies with sub. (2).
SB21,2864 7Section 2864. 102.28 (4) (b) of the statutes is amended to read:
SB21,1134,128 102.28 (4) (b) If the department office believes that an employer may be an
9uninsured employer, the department office shall notify the employer of the alleged
10violation of sub. (2) and the possibility of closure under this subsection. The employer
11may request and shall receive a hearing under s. 102.17 on the matter if the employer
12applies for a hearing within 10 days after the notice of the alleged violation is served.
SB21,2865 13Section 2865. 102.28 (4) (c) of the statutes is amended to read:
SB21,1134,1714 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
15requested, the department division may issue an order to an employer to cease
16operations on a finding that the employer is an uninsured employer. If no hearing
17is requested, the office may issue such an order.
SB21,2866 18Section 2866. 102.28 (4) (d) of the statutes is amended to read:
SB21,1134,2119 102.28 (4) (d) The department of justice may bring an action in any court of
20competent jurisdiction for an injunction or other remedy to enforce the department's
21an order to cease operations under par. (c).
SB21,2867 22Section 2867. 102.28 (6) of the statutes is amended to read:
SB21,1135,623 102.28 (6) Reports by employer. Every employer shall upon Upon request of
24the department office, an employer shall report to it the office the number of
25employees and employed by the employer, the nature of their work and also, the

1name of the insurance company with whom which the employer has insured its
2liability under this chapter, and the policy number and date of expiration of such the
3policy insuring that liability. Failure to furnish such a report requested under this
4subsection
within 10 days from the making of a request after the request is sent to
5the employer
by certified mail shall constitute constitutes presumptive evidence that
6the delinquent employer is violating in violation of sub. (2).
SB21,2868 7Section 2868. 102.28 (7) (a) of the statutes is amended to read:
SB21,1135,228 102.28 (7) (a) If an employer who is currently or was formerly exempted by
9written order of the department
under sub. (2) is unable to pay an award, judgment
10is rendered in accordance with s. 102.20 against that employer, and execution is
11levied and returned unsatisfied in whole or in part, payments for the employer's
12liability shall be made from the fund established under sub. (8). If a currently or
13formerly exempted employer files for bankruptcy and if not less than 60 days after
14that filing the department office has reason to believe that compensation payments
15due are not being paid, the department office in its discretion may make payment for
16the employer's liability from the fund established under sub. (8). The secretary of
17administration shall proceed to recover such those payments from the employer or
18the employer's receiver or trustee in bankruptcy, and may commence an action or
19proceeding or file a claim therefor to recover those payments. The attorney general
20shall appear on behalf of the secretary of administration in any such action or
21proceeding. All moneys recovered in any such action or proceeding shall be paid into
22the fund established under sub. (8).
SB21,2869 23Section 2869. 102.28 (7) (b) of the statutes is amended to read:
SB21,1136,1824 102.28 (7) (b) Each Upon the issuance of an initial order exempting an
25employer under sub. (2), the
employer exempted by written order of the department

1under sub. (2) shall pay into the fund established by under sub. (8) a sum equal to
2that the amount assessed against each of the other such exempt employers upon the
3issuance of an initial order
that are exempt under sub. (2). The order shall provide
4for a sum that is sufficient to secure estimated payments of the insolvent exempt
5employer due for the period up to the date of the order and for one year following the
6date of the order and to pay the estimated cost of insurance carrier or insurance
7service organization services under par. (c). Payments ordered to be made to the fund
8shall be paid to the department office within 30 days after the date of the order. If
9additional moneys are required, further assessments shall be made based on orders
10of the department office with assessment those assessments to be prorated on the
11basis of the gross payroll for this state of the exempt employer, as reported to the
12department of workforce development for the previous calendar year for
13unemployment insurance purposes under ch. 108. If the exempt employer is not
14covered under ch. 108, then the department office shall determine the comparable
15gross payroll for the exempt employer. If payment of any assessment made under
16this subsection paragraph is not made within 30 days of after the date of the order
17of the department office, the attorney general may appear on behalf of the state to
18collect the assessment.
SB21,2870 19Section 2870. 102.28 (7) (c) of the statutes is amended to read:
SB21,1136,2320 102.28 (7) (c) The department office may retain an insurance carrier or
21insurance service organization to process, investigate, and pay valid claims. The
22charge for such service those services shall be paid from the fund as provided under
23par. (b).
SB21,2871 24Section 2871. 102.28 (8) of the statutes is amended to read:
SB21,1137,5
1102.28 (8) Self-insured employers liability fund. The moneys paid into the
2state treasury under sub. (7), together with all accrued interest, shall constitute a
3separate nonlapsible fund designated as the self-insured employers liability fund.
4Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (s)
5and may not be used for an any other purpose of the state.
SB21,2872 6Section 2872. 102.29 (1) (a) of the statutes is amended to read:
SB21,1137,237 102.29 (1) (a) The making of a claim for compensation against an employer or
8compensation insurer for the injury or death of an employee shall does not affect the
9right of the employee, the employee's personal representative, or other person
10entitled to bring action to make a claim or maintain an action in tort against any
11other party for such that injury or death, hereinafter referred to as a 3rd party; nor
12shall does the making of a claim by any such person against a 3rd party for damages
13by reason of an injury to which ss. 102.03 to 102.66 are applicable, or the adjustment
14of any such claim, affect the right of the injured employee or the employee's
15dependents to recover compensation. An employer or compensation insurer that has
16paid or is obligated to pay a lawful claim under this chapter shall have the same right
17to make a claim or maintain an action in tort against any other party for such that
18injury or death. If the department office pays or is obligated to pay a claim under s.
19102.66 (1) or 102.81 (1), the department office shall also have the right to make a
20claim or
maintain an action in tort against any other party for the employee's injury
21or death. However, each party shall give to the other parties reasonable notice and,
22the
opportunity to join in the making of such a claim or the instituting of such an
23action, and the opportunity to be represented by counsel.
SB21,2873 24Section 2873. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB21,1138,11
1102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
2department office shall become the agent of that party for the giving of a notice as
3required in par. (a) and the notice, when given to the department office, shall include
4an affidavit setting forth the facts, including the steps taken to locate that party.
5Each party shall have an equal voice in the prosecution of the claim, and any disputes
6arising shall be passed upon by the court before whom the case is pending, and if no
7action is pending, then by a court of record or by the department division. If notice
8is given as provided in par. (a), the liability of the tort-feasor shall be determined as
9to all parties having a right to make claim and, irrespective of whether or not all
10parties join in prosecuting the claim, the proceeds of the claim shall be divided as
11follows:
SB21,2874 12Section 2874. 102.29 (1) (b) 2. of the statutes is amended to read:
SB21,1138,2013 102.29 (1) (b) 2. Out of the balance remaining after the deduction and payment
14specified in subd. 1., the employer, the insurance carrier, or, if applicable, the
15uninsured employers fund or the work injury supplemental benefit fund shall be
16reimbursed for all payments made by the employer, insurance carrier, or department
17office, or which that the employer, insurance carrier, or department office may be
18obligated to make in the future, under this chapter, except that the employer,
19insurance carrier, or department office shall not be reimbursed for any payments
20made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60.
SB21,2875 21Section 2875. 102.29 (1) (c) of the statutes is amended to read:
SB21,1139,222 102.29 (1) (c) If both the employee or the employee's personal representative
23or other person entitled to bring action, and the employer, compensation insurer, or
24department office, join in the pressing of said claim and are represented by counsel,
25the attorney fees allowed as a part of the costs of collection shall be, unless otherwise

1agreed upon, divided between the attorneys for those parties as directed by the court
2or by the department division.
SB21,2876 3Section 2876. 102.29 (1) (d) of the statutes is amended to read:
SB21,1139,74 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
5settlement and the distribution of the proceeds of the settlement are approved by the
6court before whom the action is pending or, if no action is pending, then by a court
7of record or by the department division.
SB21,2877 8Section 2877. 102.29 (4) of the statutes is amended to read:
SB21,1139,159 102.29 (4) If the employer and the 3rd party are insured by the same insurer,
10or by the insurers who are under common control, the employer's insurer shall
11promptly notify the parties in interest and the department office. If the employer has
12assumed the liability of the 3rd party, it the employer shall give similar notice, in
13default of which any settlement with an injured employee or beneficiary is void. This
14subsection does not prevent the employer or compensation insurer from sharing in
15the proceeds of any 3rd-party claim or action, as set forth as provided in sub. (1).
SB21,2878 16Section 2878. 102.29 (8) of the statutes is amended to read:
SB21,1139,2317 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
18school, as defined in s. 115.001 (3r), or an institution of higher education who is
19named under s. 102.077 as an employee of the school district, private school, or
20institution of higher education
for purposes of this chapter and who makes a claim
21for compensation under this chapter may make a claim or maintain an action in tort
22against the employer that provided the work training or work experience from which
23the claim arose.
SB21,2879 24Section 2879. 102.30 (7) (a) of the statutes is amended to read:
SB21,1140,6
1102.30 (7) (a) The department office may order direct reimbursement out of the
2proceeds payable under this chapter for payments made under a nonindustrial
3insurance policy covering the same disability and expenses compensable under s.
4102.42 when the claimant consents or when it is established that the payments under
5the nonindustrial insurance policy were improper. No attorney fee is due with
6respect to that reimbursement.
SB21,2880 7Section 2880. 102.31 (1) (b) of the statutes is amended to read:
SB21,1140,118 102.31 (1) (b) Except as provided in par. (c), a contract under par. (a) shall be
9construed to grant full coverage of all liability of the assured under this chapter
10unless the department office specifically consents by written order to the issuance
11of a contract providing divided insurance or partial insurance.
SB21,2881 12Section 2881. 102.31 (2) (a) of the statutes is amended to read:
SB21,1141,913 102.31 (2) (a) No party to a contract of insurance may cancel the contract within
14the contract period or terminate or not renew nonrenew the contract upon the
15expiration date of the contract until a notice in writing is given to the other party
16fixing the proposed date of cancellation or declaring that the party intends to
17terminate or does not intend to renew nonrenew the policy contract upon expiration.
18Except as provided in par. (b), when an insurance company does not renew
19nonrenews a policy contract upon expiration, the nonrenewal is not effective until 60
20days after the insurance company has given written notice of the nonrenewal to the
21insured employer and the department office. Cancellation or termination of a policy
22contract by an insurance company for any reason other than nonrenewal is not
23effective until 30 days after the insurance company has given written notice of the
24cancellation or termination to the insured employer and the department office.
25Notice to the department office may be given by personal service of the notice upon

1the department office at its office in Madison or by sending the notice to the
2department office in a medium approved by the department office. The department
3office may provide by rule that the a notice of cancellation or termination be given
4to the Wisconsin compensation rating bureau rather than to the department office
5in a medium approved by the department office after consultation with the
6Wisconsin compensation rating bureau. Whenever the Wisconsin compensation
7rating bureau receives such a notice of cancellation or termination it that bureau
8shall immediately notify the department office of the notice of cancellation or
9termination.
SB21,2882 10Section 2882. 102.31 (3) of the statutes is amended to read:
SB21,1141,1811 102.31 (3) The department office may examine from time to time the books and
12records of any insurer insuring the liability or for compensation for of an employer
13in this state. The department may require an insurer to designate one mailing
14address for use by the department and to respond to correspondence from the
15department within 30 days
as provided in s. 601.42. Any insurer that refuses or fails
16to answer correspondence from the department or to allow the department to
17examine its books and records as required under s. 601.42 is subject to enforcement
18proceedings under s. 601.64.
SB21,2883 19Section 2883. 102.31 (4) of the statutes is amended to read:
SB21,1142,520 102.31 (4) If any insurer authorized to transact worker's compensation
21insurance in this state fails to promptly pay claims for compensation for which it the
22insurer
is liable or fails to make reports to the department office required by under
23s. 102.38, the department may recommend to the commissioner of insurance, with
24detailed reasons, that enforcement proceedings under s. 601.64 be invoked. The
25commissioner shall furnish a copy of the recommendation to the insurer and shall

1set a date for a hearing, at which both the insurer and the department shall be
2afforded an opportunity to present evidence. If after the hearing the commissioner
3finds that the insurer has failed to carry out its obligations under this chapter,
the
4commissioner shall may institute enforcement proceedings under s. 601.64. If the
5commissioner does not so find, the commissioner shall dismiss the complaint.
SB21,2884 6Section 2884. 102.31 (5) of the statutes is amended to read:
SB21,1142,117 102.31 (5) If any employer whom the department office has exempted from
8carrying the duty to carry compensation insurance arbitrarily or unreasonably
9refuses employment to or discharges employees an employee because of a
10nondisabling physical condition, the department office shall revoke the exemption
11of that employer.
SB21,2885 12Section 2885. 102.31 (6) of the statutes is repealed.
SB21,2886 13Section 2886. 102.31 (7) of the statutes is amended to read:
SB21,1142,2214 102.31 (7) If the department office by one or more written orders specifically
15consents to the issuance of one or more contracts covering only the liability incurred
16on a construction project and if the construction project owner designates the
17insurance carrier and pays for each such contract, the construction project owner
18shall reimburse the department office for all costs incurred by the department office
19in issuing the written orders and in ensuring minimum confusion and maximum
20safety on the construction project. All moneys received under this subsection shall
21be deposited in the worker's compensation operations fund and credited to the
22appropriation account under s. 20.445 (1) 20.145 (6) (rb).
SB21,2887 23Section 2887. 102.31 (8) of the statutes is amended to read:
SB21,1143,924 102.31 (8) The Wisconsin compensation rating bureau shall provide the
25department office with any information that the department office may request

1relating to worker's compensation insurance coverage, including the names of
2employers insured and any insured employer's address, business status, type and
3date of coverage, manual premium code, and policy information including policy
4numbers, cancellations, terminations, endorsements, and reinstatement dates. The
5department office may enter into contracts with the Wisconsin compensation rating
6bureau to share the costs of data processing and other services. No information
7obtained by the department office under this subsection may be made public by the
8department office except as authorized by the Wisconsin compensation rating
9bureau.
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