SB21,1173,38 102.565 (1) When an employee working subject to this chapter, as a result of
9exposure in the course of his or her employment over a period of time to toxic or
10hazardous substances or conditions, an employee performing work that is subject to
11this chapter
develops any clinically observable abnormality or condition which that,
12on competent medical opinion, predisposes or renders the employ employee in any
13manner differentially susceptible to disability to such an extent that it is inadvisable
14for the employee to continue employment involving such that exposure and the
15employee
, is discharged from or ceases to continue the employment, and suffers wage
16loss by reason of such that discharge from, or such cessation of, employment, the
17department division may allow such sum as it deems the division considers just as
18compensation therefor for that wage loss, not exceeding $13,000. In the event If a
19nondisabling condition may also be caused by toxic or hazardous exposure not
20related to employment, and if the employee has a history of such that exposure,
21compensation as provided by under this section or any other remedy for loss of
22earning capacity
shall not be allowed nor shall any other remedy for loss of earning
23capacity. In case of such discharge
. If the employee is discharged from employment
24prior to a finding by the department division that it is inadvisable for the employee
25to continue in such that employment and if it is reasonably probable that continued

1exposure would result in disability, the liability of the employer who so discharges
2the employee is primary, and the liability of the employer's insurer is secondary,
3under the same procedure and to the same effect as provided by s. 102.62.
SB21,2972 4Section 2972. 102.565 (2) of the statutes is amended to read:
SB21,1173,195 102.565 (2) Upon application of any employer or employee the department
6division may direct any employee of the employer or an employee who, in the course
7of his or her employment, has been exposed to toxic or hazardous substances or
8conditions, to submit to examination by a physician or one or more physicians to be
9appointed by the department division to determine whether the employee has
10developed any abnormality or condition under sub. (1), and the degree thereof of that
11abnormality or condition
. The cost of the medical examination shall be borne by the
12person making application. The physician conducting the examination shall submit
13the
results of the examination shall be submitted by the physician to the department
14division, which shall submit copies of the reports to the employer and employee, who
15shall have an opportunity to rebut the reports provided request therefor if a request
16to submit a rebuttal
is made to the department division within 10 days from the
17mailing of
after the division mails the report to the parties. The department division
18shall make its findings as to whether or not it is inadvisable for the employee to
19continue in his or her employment.
SB21,2973 20Section 2973. 102.565 (3) of the statutes is amended to read:
SB21,1173,2521 102.565 (3) If an employee refuses to submit to the examination after direction
22by the commission, or any member thereof or the department or any member of the
23commission, the division,
or an examiner thereof, , an employee refuses to submit to
24an examination
or in any way obstructs the same examination, the employee's right
25to compensation under this section shall be barred.
SB21,2974
1Section 2974. 102.57 of the statutes is amended to read:
SB21,1174,8 2102.57 Violations of safety provisions, penalty. If injury is caused by the
3failure of the employer to comply with any statute, rule, or order of the department
4of safety and professional services, compensation and death benefits provided in this
5chapter shall be increased 15% by 15 percent but the total increase may not exceed
6$15,000. Failure of an employer reasonably to enforce compliance by employees with
7any statute, rule, or order of the department of safety and professional services
8constitutes failure by the employer to comply with that statute, rule, or order.
SB21,2975 9Section 2975. 102.58 of the statutes is amended to read:
SB21,1174,20 10102.58 Decreased compensation. If injury is caused by the failure of the
11employee to use safety devices that are provided in accordance with any statute, rule,
12or order of the department of safety and professional services and that are
13adequately maintained, and the use of which is reasonably enforced by the employer,
14if injury results from the employee's failure to obey any reasonable rule adopted and
15reasonably enforced by the employer for the safety of the employee and of which the
16employee has notice, or if injury results from the intoxication of the employee by
17alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
18defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
19the compensation and death benefit provided in this chapter shall be reduced 15%
20by 15 percent but the total reduction may not exceed $15,000.
SB21,2976 21Section 2976. 102.60 (1m) (b) of the statutes is amended to read:
SB21,1175,222 102.60 (1m) (b) An amount equal to double the amount recoverable by the
23injured employee, but not to exceed $15,000, if the injured employee is a minor of
24permit age and if at the time of the injury the minor is employed, required, suffered,
25or permitted to work without a permit in any place of employment or at any

1employment in or for which the department of workforce development, acting under
2ch. 103, has adopted a written resolution providing that permits shall not be issued.
SB21,2977 3Section 2977. 102.61 (1g) (b) of the statutes is amended to read:
SB21,1175,104 102.61 (1g) (b) If an employer offers an employee suitable employment as
5provided in par. (c), the employer or the employer's insurance carrier is not liable for
6temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
7books, travel, and maintenance under sub. (1). Ineligibility for compensation under
8this paragraph does not preclude an employee from receiving vocational
9rehabilitation services under 29 USC 701 to 797b if the department of workforce
10development
determines that the employee is eligible to receive those services.
SB21,2978 11Section 2978. 102.61 (1g) (c) of the statutes is amended to read:
SB21,1176,412 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
13rehabilitation services under 29 USC 701 to 797a, an employee shall provide the
14employer with a written report from a physician, chiropractor, psychologist, or
15podiatrist stating the employee's permanent work restrictions. Within 60 days after
16receiving that report, the employer shall provide to the employee in writing an offer
17of suitable employment, a statement that the employer has no suitable employment
18for the employee, or a report from a physician, chiropractor, psychologist, or
19podiatrist showing that the permanent work restrictions provided by the employee's
20practitioner are in dispute and documentation showing that the difference in work
21restrictions would materially affect either the employer's ability to provide suitable
22employment or a vocational rehabilitation counselor's ability to recommend a
23rehabilitative training program. If the employer and employee cannot resolve the
24dispute within 30 days after the employee receives the employer's report and
25documentation, the employer or employee may request a hearing before the

1department division to determine the employee's work restrictions. Within 30 days
2after the department division determines the employee's work restrictions, the
3employer shall provide to the employee in writing an offer of suitable employment
4or a statement that the employer has no suitable employment for the employee.
SB21,2979 5Section 2979. 102.61 (1m) (a) of the statutes is amended to read:
SB21,1176,146 102.61 (1m) (a) If the department of workforce development has determined
7under sub. (1) that an employee is eligible for vocational rehabilitation services
8under 29 USC 701 to 797b, but that the department of workforce development cannot
9provide those services for the employee, the employee may select a private
10rehabilitation counselor certified by the department office to determine whether the
11employee can return to suitable employment without rehabilitative training and, if
12that counselor determines that rehabilitative training is necessary, to develop a
13rehabilitative training program to restore as nearly as possible the employee to his
14or her preinjury earning capacity and potential.
SB21,2980 15Section 2980. 102.61 (1m) (c) of the statutes is amended to read:
SB21,1177,216 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
17of any services provided for an employee by a private rehabilitation counselor under
18par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
19and by rule, if the private rehabilitation counselor determines that rehabilitative
20training is necessary, the reasonable cost of the rehabilitative training program
21recommended by that counselor, including the cost of tuition, fees, books,
22maintenance, and travel at the same rate as is provided for state officers and
23employees under s. 20.916 (8). Notwithstanding that the department office may
24authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts longer

1than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is
2presumed to be reasonable.
SB21,2981 3Section 2981. 102.61 (1m) (d) of the statutes is amended to read:
SB21,1177,114 102.61 (1m) (d) If an employee receives services from a private rehabilitation
5counselor under par. (a) and later receives similar services from the department of
6workforce development
under sub. (1) without the prior approval of the employer or
7insurance carrier, the employer or insurance carrier is not liable for temporary
8disability benefits under s. 102.43 (5) (b) or for tuition, fee, book, travel, and
9maintenance costs under sub. (1) that exceed what the employer or insurance carrier
10would have been liable for under the rehabilitative training program developed by
11the private rehabilitation counselor.
SB21,2982 12Section 2982. 102.61 (1m) (e) of the statutes is amended to read:
SB21,1177,1613 102.61 (1m) (e) Nothing in this subsection prevents an employer or insurance
14carrier from providing an employee with the services of a private rehabilitation
15counselor or with rehabilitative training under sub. (3) before the department of
16workforce development
makes its determination under par. (a).
SB21,2983 17Section 2983. 102.61 (1m) (f) of the statutes is amended to read:
SB21,1177,2218 102.61 (1m) (f) The department office shall promulgate rules establishing
19procedures and requirements for the private rehabilitation counseling and
20rehabilitative training process under this subsection. Those rules shall include rules
21specifying the procedure and requirements for certification of private rehabilitation
22counselors.
SB21,2984 23Section 2984. 102.61 (2) of the statutes is amended to read:
SB21,1178,524 102.61 (2) The department division, the commission, and the courts shall
25determine the rights and liabilities of the parties under this section in like manner

1and with like effect as the department division, the commission, and the courts
2determine other issues under this chapter. A determination under this subsection
3may include a determination based on the evidence regarding the cost or scope of the
4services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
5or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB21,2985 6Section 2985. 102.62 of the statutes is amended to read:
SB21,1178,22 7102.62 Primary and secondary liability; unchangeable. In case of
8liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
9the liability of the insurance carrier shall be secondary. If proceedings are had before
10the department division for the recovery of that liability, the department division
11shall set forth in its award the amount and order of liability as provided in this
12section. Execution shall not be issued against the insurance carrier to satisfy any
13judgment covering that liability until execution has first been issued against the
14employer and has been returned unsatisfied as to any part of that liability. Any
15provision in any insurance policy undertaking to guarantee primary liability or to
16avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
17employer has been adjudged bankrupt or has made an assignment for the benefit of
18creditors, or if the employer, other than an individual, has gone out of business or has
19been dissolved, or if the employer is a corporation and its charter has been forfeited
20or revoked, the insurer shall be liable for the payment of that liability without
21judgment or execution against the employer, but without altering the primary
22liability of the employer.
SB21,2986 23Section 2986. 102.63 of the statutes is amended to read:
SB21,1179,7 24102.63 Refunds by state. Whenever the department shall certify office
25certifies
to the secretary of administration that excess payment has been made under

1s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the secretary
2of administration shall
within 5 days after receipt of such that certificate the
3secretary of administration shall
draw an order against the fund in the state
4treasury into which such that excess was paid, reimbursing such the payor of such
5the excess payment, together with interest actually earned thereon if. If the excess
6payment has been on deposit for at least 6 months, the payor of the excess payment
7shall also be paid interest actually earned on the excess payment
.
SB21,2987 8Section 2987. 102.64 (1) of the statutes is amended to read:
SB21,1179,209 102.64 (1) Upon request of the department of administration, a representative
10of the department of justice shall represent the state in cases involving payment into
11or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
12department of justice, after giving notice to the department of administration, may
13compromise the amount of those payments but such compromises shall be subject to
14review by the department of workforce development office. If the spouse or domestic
15partner under ch. 770 of the deceased employee compromises his or her claim for a
16primary death benefit, the claim of the children of the employee under s. 102.49 shall
17be compromised on the same proportional basis, subject to approval by the
18department office. If the persons entitled to compensation on the basis of total
19dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49
20(5) (a) shall be compromised on the same proportional basis.
SB21,2988 21Section 2988. 102.64 (2) of the statutes is amended to read:
SB21,1180,822 102.64 (2) Upon request of the department of administration, the attorney
23general shall appear on behalf of the state in proceedings upon claims for
24compensation against the state. Except as provided in s. 102.65 (3), the department
25of justice shall represent the interests of the state in proceedings under s. 102.44 (1),

1102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
2in those proceedings, but the compromises are subject to review by the department
3of workforce development
office. Costs incurred by the department of justice in
4prosecuting or defending any claim for payment into or out of the work injury
5supplemental benefit fund under s. 102.65, including expert witness and witness
6fees but not including attorney fees or attorney travel expenses for services
7performed under this subsection, shall be paid from the work injury supplemental
8benefit fund.
SB21,2989 9Section 2989. 102.65 (1) of the statutes is amended to read:
SB21,1180,1510 102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1),
11102.47, 102.49, 102.59, and 102.60, together with all accrued interest on those
12moneys, and all interest payments received under s. 102.75 (2), shall constitute a
13separate nonlapsible fund designated as the work injury supplemental benefit fund.
14Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (t)
15and may not be used for any other purpose of the state.
SB21,2990 16Section 2990. 102.65 (2) of the statutes is amended to read:
SB21,1180,2117 102.65 (2) For proper administration of the moneys available in the fund the
18department office shall by order, set aside in the state treasury suitable reserves to
19carry to maturity the liability for benefits under ss. 102.44, 102.49, 102.59, and
20102.66. Such Those moneys shall be invested by the investment board in accordance
21with s. 25.14 (5).
SB21,2991 22Section 2991. 102.65 (3) of the statutes is amended to read:
SB21,1181,523 102.65 (3) The department of workforce development office may retain the
24department of administration to process, investigate, and pay claims under ss.
25102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce

1development
office, the department of administration may compromise a claim
2processed by that department, but a compromise made by that department is subject
3to review by the department of workforce development office. The department of
4workforce development
office shall pay for the services retained under this
5subsection from the appropriation account under s. 20.445 (1) 20.145 (6) (t).
SB21,2992 6Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:
SB21,1181,187 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred
8losses to, the work injury supplemental benefit fund using generally accepted
9actuarial principles. If the secretary determines that the expected ultimate losses
10to the work injury supplemental benefit fund on known claims exceed 85 percent of
11the cash balance in that fund, the secretary shall consult with the council on worker's
12compensation. If the secretary, after consulting with the council on worker's
13compensation, determines that there is a reasonable likelihood that the cash balance
14in the work injury supplemental benefit fund may become inadequate to fund all
15claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
16with the secretary of administration a certificate attesting that the cash balance in
17that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c),
18102.49, 102.59, and 102.66 and specifying one of the following:
SB21,2993 19Section 2993 . 102.65 (4) (intro.) of the statutes, as affected by 2015 Wisconsin
20Act .... (this act), is amended to read:
SB21,1182,821 102.65 (4) (intro.) The secretary commissioner shall monitor the cash balance
22in, and incurred losses to, the work injury supplemental benefit fund using generally
23accepted actuarial principles. If the secretary commissioner determines that the
24expected ultimate losses to the work injury supplemental benefit fund on known
25claims exceed 85 percent of the cash balance in that fund, the secretary commissioner

1shall consult with the council on worker's compensation. If the secretary, after
2consulting with the council on worker's compensation, the commissioner determines
3that there is a reasonable likelihood that the cash balance in the work injury
4supplemental benefit fund may become inadequate to fund all claims under ss.
5102.49, 102.59, and 102.66, the secretary commissioner shall file with the secretary
6of administration a certificate attesting that the cash balance in that fund is likely
7to become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66 and
8specifying one of the following:
SB21,2994 9Section 2994. 102.65 (4) (a) of the statutes is amended to read:
SB21,1182,1110 102.65 (4) (a) That payment of those claims will be made as provided in a
11schedule that the department office shall promulgate by rule.
SB21,2995 12Section 2995. 102.66 (1) of the statutes is amended to read:
SB21,1183,213 102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an
14otherwise meritorious claim for occupational disease, or for a traumatic injury
15described in s. 102.17 (4) in which the date of injury or death or last payment of
16compensation, other than for treatment or burial expenses, is before April 1, 2006,
17and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
18department office may, in lieu of worker's compensation benefits, direct payment
19from the work injury supplemental benefit fund under s. 102.65 of such
20compensation and such medical expenses as would otherwise be due, based on the
21date of injury, to or on behalf of the injured employee. The benefits shall be
22supplemental, to the extent of compensation liability, to any disability or medical
23benefits payable from any group insurance policy whose premium is paid in whole
24or in part by any employer, or under any federal insurance or benefit program

1providing disability or medical benefits. Death benefits payable under any such
2group policy do not limit the benefits payable under this section.
SB21,2996 3Section 2996. 102.75 (1) of the statutes is amended to read:
SB21,1183,184 102.75 (1) The department office shall assess upon and collect from each
5licensed worker's compensation insurance carrier and from each employer exempted
6under s. 102.28 (2) by special order or by rule, the proportion of total costs and
7expenses incurred by the council on worker's compensation for travel and research
8and by the department office, the division, and the commission in the administration
9of this chapter for the current fiscal year plus any deficiencies in collections and
10anticipated costs from the previous fiscal year, that the total indemnity paid or
11payable under this chapter by each such carrier and exempt employer in worker's
12compensation cases initially closed during the preceding calendar year, other than
13for increased, double, or treble compensation bore to the total indemnity paid in cases
14closed the previous calendar year under this chapter by all carriers and exempt
15employers other than for increased, double, or treble compensation. The council on
16worker's compensation, the division, and the commission shall annually certify any
17costs and expenses for worker's compensation activities to the department office at
18such time as the secretary commissioner requires.
SB21,2997 19Section 2997. 102.75 (1g) of the statutes is created to read:
SB21,1184,220 102.75 (1g) (a) Subject to par. (b), the department shall collect from each
21licensed worker's compensation carrier the proportion of reimbursement approved
22by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year
23before the previous year that the total indemnity paid or payable under this chapter
24by the carrier in worker's compensation cases initially closed during the preceding
25calendar year, other than for increased, double, or treble compensation, bore to the

1total indemnity paid in cases closed the previous calendar year under this chapter
2by all carriers, other than for increased, double, or treble compensation.
SB21,1184,103 (b) The maximum amount that the department may collect under par. (a) in a
4calendar year is $5,000,000. If the amount determined collectible under par. (a) in
5a calendar year is $5,000,000 or less, the department shall collect that amount. If
6the amount determined collectible under par. (a) in a calendar year exceeds
7$5,000,000, the department shall collect $5,000,000 in the year in which the
8determination is made and, subject to the maximum amount collectible of $5,000,000
9per calendar year, shall collect the excess in the next calendar year or in subsequent
10calendar years until that excess is collected in full.
SB21,1184,1311 (c) This subsection does not apply to claims for reimbursement under s. 102.44
12(1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1,
132016.
SB21,2998 14Section 2998. 102.75 (1g) (a) of the statutes, as created by 2015 Wisconsin Act
15.... (this act), is amended to read:
SB21,1184,2316 102.75 (1g) (a) Subject to par. (b), the department office shall collect from each
17licensed worker's compensation carrier the proportion of reimbursement approved
18by the department office under s. 102.44 (1) (c) 1. for supplemental benefits paid in
19the year before the previous year that the total indemnity paid or payable under this
20chapter by the carrier in worker's compensation cases initially closed during the
21preceding calendar year, other than for increased, double, or treble compensation,
22bore to the total indemnity paid in cases closed the previous calendar year under this
23chapter by all carriers, other than for increased, double, or treble compensation.
SB21,2999 24Section 2999. 102.75 (1g) (b) of the statutes, as created by 2015 Wisconsin Act
25.... (this act), is amended to read:
SB21,1185,8
1102.75 (1g) (b) The maximum amount that the department office may collect
2under par. (a) in a calendar year is $5,000,000. If the amount determined collectible
3under par. (a) in a calendar year is $5,000,000 or less, the department office shall
4collect that amount. If the amount determined collectible under par. (a) in a calendar
5year exceeds $5,000,000, the department office shall collect $5,000,000 in the year
6in which the determination is made and, subject to the maximum amount collectible
7of $5,000,000 per calendar year, shall collect the excess in the next calendar year or
8in subsequent calendar years until that excess is collected in full.
SB21,3000 9Section 3000. 102.75 (1m) of the statutes is amended to read:
SB21,1185,1410 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss.
11102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a
12separate nonlapsible fund designated as the worker's compensation operations fund.
13Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and
14(rp) and (2) (ra) and may not be used for any other purpose of the state.
SB21,3001 15Section 3001 . 102.75 (1m) of the statutes, as affected by 2015 Wisconsin Act
16.... (this act), is amended to read:
SB21,1185,2117 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28
18(2) and 102.31 (7), together with all accrued interest, shall constitute a separate
19nonlapsible fund designated as the worker's compensation operations fund. Moneys
20in the fund may be expended only as provided in s. 20.445 (1) ss. 20.145 (6) (ra), (rb),
21and (rp) and 20.445 (2) (ra) and may not be used for any other purpose of the state.
SB21,3002 22Section 3002. 102.75 (2) of the statutes is amended to read:
SB21,1186,1023 102.75 (2) The department shall require that payments for costs and expenses
24for each fiscal year shall be made on such dates as the department prescribes by
each
25licensed worker's compensation insurance carrier and employer exempted under s.

1102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments
2required under sub. (1) for each fiscal year on such dates as the department
3prescribes. The department shall also require each licensed worker's compensation
4insurance carrier to make the payments required under sub. (1g) for each fiscal year
5on those dates
. Each such payment shall be a sum equal to a proportionate share of
6the annual costs and expenses assessed upon each carrier and employer as estimated
7by the department. Interest shall accrue on amounts not paid within 30 days after
8the date prescribed by the department under this subsection at the rate of 1 percent
9per month. All interest payments received under this subsection shall be deposited
10in the fund established under s. 102.65.
SB21,3003 11Section 3003 . 102.75 (2) of the statutes, as affected by 2015 Wisconsin Act ....
12(this act), is amended to read:
SB21,1186,2413 102.75 (2) The department office shall require each licensed worker's
14compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from
15the duty to insure under s. 102.28 (2) (a) to make the payments required under sub.
16(1) for each fiscal year on such dates as the department office prescribes. The
17department office shall also require each licensed worker's compensation insurance
18carrier to make the payments required under sub. (1g) for each fiscal year on those
19dates. Each such payment shall be a sum equal to a proportionate share of the
20annual costs and expenses assessed upon each carrier and employer as estimated by
21the department office. Interest shall accrue on amounts not paid within 30 days after
22the date prescribed by the department office under this subsection at the rate of 1
23percent per month. All interest payments received under this subsection shall be
24deposited in the fund established under s. 102.65.
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).
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