SB21,3004 25Section 3004. 102.75 (4) of the statutes is amended to read:
SB21,1187,5
1102.75 (4) From the appropriation under s. 20.445 (1) 20.145 (6) (ra), the
2department office shall allocate the amounts that it collects in application fees from
3employers applying for exemption under s. 102.28 (2) and the annual amount that
4it collects from employers that have been exempted under s. 102.28 (2) to fund the
5activities of the department office under s. 102.28 (2) (b) and (c).
SB21,3005 6Section 3005. 102.80 (1) (e) of the statutes is amended to read:
SB21,1187,87 102.80 (1) (e) All moneys received by the department office for the uninsured
8employers fund from any other source.
SB21,3006 9Section 3006. 102.80 (1) (f) of the statutes is created to read:
SB21,1187,1110 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the
11appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).
SB21,3007 12Section 3007. 102.80 (1) (f) of the statutes, as created by 2015 Wisconsin Act
13.... (this act), is amended to read:
SB21,1187,1614 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the
15appropriation account under s. 20.445 (1) 20.145 (6) (ra) as provided in s. 102.81 (1)
16(c).
SB21,3008 17Section 3008. 102.80 (1m) of the statutes is amended to read:
SB21,1187,2118 102.80 (1m) The moneys collected or received under sub. (1), together with all
19accrued interest, shall constitute a separate nonlapsible fund designated as the
20uninsured employers fund. Moneys in the fund may be expended only as provided
21in s. 20.445 (1) 20.145 (6) (sm) and may not be used for any other purpose of the state.
SB21,3009 22Section 3009. 102.80 (3) (a) of the statutes is amended to read:
SB21,1188,423 102.80 (3) (a) If the cash balance in the uninsured employers fund equals or
24exceeds $4,000,000, the secretary commissioner shall consult the council on worker's
25compensation within 45 days after that cash balance equals or exceeds $4,000,000.

1The secretary may file with the secretary of administration, within Within 15 days
2after consulting the council on worker's compensation, the commissioner may file
3with the secretary of administration
a certificate attesting that the cash balance in
4the uninsured employers fund equals or exceeds $4,000,000.
SB21,3010 5Section 3010. 102.80 (3) (ag) of the statutes is amended to read:
SB21,1188,186 102.80 (3) (ag) The secretary commissioner shall monitor the cash balance in,
7and incurred losses to, the uninsured employers fund using generally accepted
8actuarial principles. If the secretary commissioner determines that the expected
9ultimate losses to the uninsured employers fund on known claims exceed 85 percent
10of the cash balance in the uninsured employers fund, the secretary commissioner
11shall consult with the council on worker's compensation. If the secretary, after
12consulting with the council on worker's compensation, the commissioner determines
13that there is a reasonable likelihood that the cash balance in the uninsured
14employers fund may become inadequate to fund all claims under s. 102.81 (1), the
15secretary commissioner shall file with the secretary of administration a certificate
16attesting that the cash balance in the uninsured employer's fund is likely to become
17inadequate to fund all claims under s. 102.81 (1) and specifying a date after which
18no new claims under s. 102.81 (1) will be paid.
SB21,3011 19Section 3011. 102.80 (3) (am) of the statutes is amended to read:
SB21,1188,2520 102.80 (3) (am) If the secretary commissioner files the certificate under par. (a),
21the department may expend the moneys in the uninsured employers fund office may,
22beginning on the first day of the first July after the secretary commissioner files that
23certificate, expend the moneys in the uninsured employers fund to make payments
24under s. 102.81 (1) to employees of uninsured employers and to obtain reinsurance
25under s. 102.81 (2).
SB21,3012
1Section 3012. 102.80 (3) (b) of the statutes is amended to read:
SB21,1189,42 102.80 (3) (b) If the secretary commissioner does not file the certificate under
3par. (a), the department office may not expend the moneys in the uninsured
4employers fund.
SB21,3013 5Section 3013. 102.80 (3) (c) of the statutes is amended to read:
SB21,1189,116 102.80 (3) (c) If, after filing the certificate under par. (a), the secretary
7commissioner files the certificate under par. (ag), the department office may expend
8the moneys in the uninsured employers fund only to make payments under s. 102.81
9(1) to employees of uninsured employers on claims made before the date specified in
10that the certificate under par. (ag) and to obtain reinsurance under s. 102.81 (2) for
11the payment of those claims.
SB21,3014 12Section 3014. 102.80 (4) (a) (intro.) of the statutes is amended to read:
SB21,1189,1713 102.80 (4) (a) (intro.) If an uninsured employer who owes to the department
14office any amount under s. 102.82 or 102.85 (4) transfers his or her business assets
15or activities, the transferee is liable for the amounts owed by the uninsured employer
16under s. 102.82 or 102.85 (4) if the department office determines that all of the
17following conditions are satisfied:
SB21,3015 18Section 3015. 102.80 (4) (b) of the statutes is amended to read:
SB21,1189,2219 102.80 (4) (b) The department office may collect from a transferee described in
20par. (a) an amount owed under s. 102.82 or 102.85 (4) using the procedures specified
21in ss. 102.83, 102.835, and 102.87 and the preference specified in s. 102.84 in the
22same manner as the department office may collect from an uninsured employer.
SB21,3016 23Section 3016. 102.81 (1) (a) of the statutes is amended to read:
SB21,1190,524 102.81 (1) (a) If an employee of an uninsured employer, other than an employee
25who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for

1which the uninsured employer is liable under s. 102.03, the department office or the
2department's office's reinsurer shall pay to or on behalf of the injured employee or
3to the employee's dependents an amount equal to the compensation owed them by
4the uninsured employer under this chapter except penalties and interest due under
5ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.
SB21,3017 6Section 3017. 102.81 (1) (b) of the statutes is amended to read:
SB21,1190,117 102.81 (1) (b) The department office shall make the payments required under
8par. (a) from the uninsured employers fund, except that if the department office has
9obtained reinsurance under sub. (2) and is unable to make those payments from the
10uninsured employers fund, the department's office's reinsurer shall make those
11payments according to the terms of the contract of reinsurance.
SB21,3018 12Section 3018. 102.81 (1) (c) of the statutes is created to read:
SB21,1190,1913 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
14$1,000,000 from the uninsured employers fund in the first instance. If the claim is
15not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
16administration shall transfer from the appropriation account under s. 20.445 (1) (ra)
17to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to
18the amount by which payments from the uninsured employers fund on the claim are
19in excess of $1,000,000.
SB21,1191,220 2. Each calendar year the department shall file with the secretary of
21administration a certificate setting forth the number of claims in excess of
22$1,000,000 in the preceding year paid from the uninsured employers fund, the
23payments made from the uninsured employers fund on each such claim in the
24preceding year, and the total payments made from the uninsured employers fund on

1all such claims and, based on that information, the secretary of administration shall
2determine the amount to be transferred under subd. 1. in that calendar year.
SB21,1191,103 3. The maximum amount that the secretary of administration may transfer
4under subd. 1. in a calendar year is $500,000. If the amount determined under subd.
52. is $500,000 or less, the secretary of administration shall transfer the amount
6determined under subd. 2. If the amount determined under subd. 2. exceeds
7$500,000, the secretary of administration shall transfer $500,000 in the calendar
8year in which the determination is made and, subject to the maximum transfer
9amount of $500,000 per calendar year, shall transfer that excess in the next calendar
10year or in subsequent calendar years until that excess is transferred in full.
SB21,3019 11Section 3019. 102.81 (1) (c) 1. of the statutes, as created by 2015 Wisconsin
12Act .... (this act), is amended to read:
SB21,1191,1913 102.81 (1) (c) 1. The department office shall pay a claim under par. (a) in excess
14of $1,000,000 from the uninsured employers fund in the first instance. If the claim
15is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
16administration shall transfer from the appropriation account under s. 20.445 (1)
1720.145 (6) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an
18amount equal to the amount by which payments from the uninsured employers fund
19on the claim are in excess of $1,000,000.
SB21,3020 20Section 3020. 102.81 (1) (c) 2. of the statutes, as created by 2015 Wisconsin
21Act .... (this act), is amended to read:
SB21,1192,322 102.81 (1) (c) 2. Each calendar year the department office shall file with the
23secretary of administration a certificate setting forth the number of claims in excess
24of $1,000,000 in the preceding year paid from the uninsured employers fund, the
25payments made from the uninsured employers fund on each such claim in the

1preceding year, and the total payments made from the uninsured employers fund on
2all such claims and, based on that information, the secretary of administration shall
3determine the amount to be transferred under subd. 1. in that calendar year.
SB21,3021 4Section 3021. 102.81 (2) of the statutes is amended to read:
SB21,1192,175 102.81 (2) The department office may retain an insurance carrier or insurance
6service organization to process, investigate, and pay claims under this section and
7may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
8do business in this state in an amount that the secretary commissioner determines
9is necessary for the sound operation of the uninsured employers fund. In cases
10involving disputed claims, the department office may retain an attorney to represent
11the interests of the uninsured employers fund and to make appearances on behalf
12of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section
1320.930 and all provisions of subch. IV of ch. 16, except s. 16.753, do not apply to an
14attorney hired under this subsection. The charges for the services retained under
15this subsection shall be paid from the appropriation under s. 20.445 (1) 20.145 (6)
16(rp). The cost of any reinsurance obtained under this subsection shall be paid from
17the appropriation under s. 20.445 (1) 20.145 (6) (sm).
SB21,3022 18Section 3022. 102.81 (4) (a) of the statutes is amended to read:
SB21,1192,2119 102.81 (4) (a) If the employee or dependent begins an action to recover
20compensation from the employee's employer or a 3rd party liable under s. 102.29,
21provide to the department office a copy of all papers filed by any party in the action.
SB21,3023 22Section 3023. 102.81 (4) (b) (intro.) of the statutes is amended to read:
SB21,1192,2523 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
24the employee's employer or a 3rd party liable under s. 102.29, pay to the department
25office the lesser of the following:
SB21,3024
1Section 3024. 102.81 (6) (a) of the statutes is amended to read:
SB21,1193,42 102.81 (6) (a) Subject to par. (b), an employee, a dependent of an employee, an
3uninsured employer, a 3rd party who is liable under s. 102.29, or the department
4office may enter into an agreement to settle liabilities under this chapter.
SB21,3025 5Section 3025. 102.81 (6) (b) of the statutes is amended to read:
SB21,1193,76 102.81 (6) (b) A settlement under par. (a) is void without the department's
7written approval of the office.
SB21,3026 8Section 3026. 102.81 (7) of the statutes is amended to read:
SB21,1193,139 102.81 (7) This section first applies to injuries occurring on the first day of the
10first July beginning after the day that the secretary commissioner files a certificate
11under s. 102.80 (3) (a), except that if the secretary commissioner files a certificate
12under s. 102.80 (3) (ag) this section does not apply to claims filed on or after the date
13specified in that certificate.
SB21,3027 14Section 3027. 102.82 (1) of the statutes is amended to read:
SB21,1193,2315 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall
16reimburse the department office for any payment made under s. 102.81 (1) to or on
17behalf of an employee of the uninsured employer or to an employee's dependents and
18for any expenses paid by the department office in administering the claim of the
19employee or dependents, less amounts repaid by the employee or dependents under
20s. 102.81 (4) (b). The reimbursement owed under this subsection is due within 30
21days after the date on which the department office notifies the uninsured employer
22that the reimbursement is owed. Interest shall accrue on amounts not paid when due
23at the rate of 1% 1 percent per month.
SB21,3028 24Section 3028. 102.82 (2) (a) (intro.) of the statutes is amended to read:
SB21,1194,2
1102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all
2uninsured employers shall pay to the department office the greater of the following:
SB21,3029 3Section 3029. 102.82 (2) (a) 1. of the statutes is amended to read:
SB21,1194,74 102.82 (2) (a) 1. Twice the amount determined by the department office to equal
5what the uninsured employer would have paid during periods of illegal nonpayment
6for worker's compensation insurance in the preceding 3-year period based on the
7employer's payroll in the preceding 3 years.
SB21,3030 8Section 3030. 102.82 (2) (ag) (intro.) of the statutes is amended to read:
SB21,1194,129 102.82 (2) (ag) (intro.) An uninsured employer who is liable to the department
10office under par. (a) 2 shall pay to the department office, in lieu of the payment
11required under par. (a) 2., $100 per day for each day that the employer is uninsured
12if all of the following apply:
SB21,3031 13Section 3031. 102.82 (2) (am) of the statutes is amended to read:
SB21,1194,1714 102.82 (2) (am) The department office may waive any payment owed under par.
15(a) by an uninsured employer if the department office determines that the uninsured
16employer is subject to this chapter only because the uninsured employer has elected
17to become subject to this chapter under s. 102.05 (2) or 102.28 (2).
SB21,3032 18Section 3032. 102.82 (2) (ar) of the statutes is amended to read:
SB21,1194,2419 102.82 (2) (ar) The department office may waive any payment owed under par.
20(a) or (ag) or sub. (1) if the department office determines that the sole reason for the
21uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured
22employer was a victim of fraud, misrepresentation, or gross negligence by an
23insurance agent or insurance broker or by a person whom a reasonable person would
24believe is an insurance agent or insurance broker.
SB21,3033 25Section 3033. 102.82 (2) (c) of the statutes is amended to read:
SB21,1195,4
1102.82 (2) (c) The department of justice or, if the department of justice consents,
2the department of workforce development office may bring an action in circuit court
3to recover payments and interest owed to the department of workforce development
4office under this section.
SB21,3034 5Section 3034. 102.82 (3) (a) of the statutes is amended to read:
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:
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