SB21: Bill Text

SB21,1189,22 102.80 (4) (b) The department office may collect from a transferee described in par. (a) an amount owed under s. 102.82 or 102.85 (4) using the procedures specified in ss. 102.83, 102.835, and 102.87 and the preference specified in s. 102.84 in the same manner as the department office may collect from an uninsured employer.

SB21,3016 Section 3016. 102.81 (1) (a) of the statutes is amended to read:

SB21,1190,5 102.81 (1) (a) If an employee of an uninsured employer, other than an employee who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for which the uninsured employer is liable under s. 102.03, the department office or the department's office's reinsurer shall pay to or on behalf of the injured employee or to the employee's dependents an amount equal to the compensation owed them by the uninsured employer under this chapter except penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.

SB21,3017 Section 3017. 102.81 (1) (b) of the statutes is amended to read:

SB21,1190,11 102.81 (1) (b) The department office shall make the payments required under par. (a) from the uninsured employers fund, except that if the department office has obtained reinsurance under sub. (2) and is unable to make those payments from the uninsured employers fund, the department's office's reinsurer shall make those payments according to the terms of the contract of reinsurance.

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

SB21,1190,19 102.81 (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.

SB21,1191,2 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.

SB21,1191,10 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.

SB21,3019 Section 3019. 102.81 (1) (c) 1. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1191,19 102.81 (1) (c) 1. The department office 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) 20.145 (6) (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.

SB21,3020 Section 3020. 102.81 (1) (c) 2. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1192,3 102.81 (1) (c) 2. Each calendar year the department office 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.

SB21,3021 Section 3021. 102.81 (2) of the statutes is amended to read:

SB21,1192,17 102.81 (2) The department office may retain an insurance carrier or insurance service organization to process, investigate, and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary commissioner determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department office may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16, except s. 16.753, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) 20.145 (6) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) 20.145 (6) (sm).

SB21,3022 Section 3022. 102.81 (4) (a) of the statutes is amended to read:

SB21,1192,21 102.81 (4) (a) If the employee or dependent begins an action to recover compensation from the employee's employer or a 3rd party liable under s. 102.29, provide to the department office a copy of all papers filed by any party in the action.

SB21,3023 Section 3023. 102.81 (4) (b) (intro.) of the statutes is amended to read:

SB21,1192,25 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from the employee's employer or a 3rd party liable under s. 102.29, pay to the department office the lesser of the following:

SB21,3024 Section 3024. 102.81 (6) (a) of the statutes is amended to read:

SB21,1193,4 102.81 (6) (a) Subject to par. (b), an employee, a dependent of an employee, an uninsured employer, a 3rd party who is liable under s. 102.29, or the department office may enter into an agreement to settle liabilities under this chapter.

SB21,3025 Section 3025. 102.81 (6) (b) of the statutes is amended to read:

SB21,1193,7 102.81 (6) (b) A settlement under par. (a) is void without the department's written approval of the office.

SB21,3026 Section 3026. 102.81 (7) of the statutes is amended to read:

SB21,1193,13 102.81 (7) This section first applies to injuries occurring on the first day of the first July beginning after the day that the secretary commissioner files a certificate under s. 102.80 (3) (a), except that if the secretary commissioner files a certificate under s. 102.80 (3) (ag) this section does not apply to claims filed on or after the date specified in that certificate.

SB21,3027 Section 3027. 102.82 (1) of the statutes is amended to read:

SB21,1193,23 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall reimburse the department office for any payment made under s. 102.81 (1) to or on behalf of an employee of the uninsured employer or to an employee's dependents and for any expenses paid by the department office in administering the claim of the employee or dependents, less amounts repaid by the employee or dependents under s. 102.81 (4) (b). The reimbursement owed under this subsection is due within 30 days after the date on which the department office notifies the uninsured employer that the reimbursement is owed. Interest shall accrue on amounts not paid when due at the rate of 1% 1 percent per month.

SB21,3028 Section 3028. 102.82 (2) (a) (intro.) of the statutes is amended to read:

SB21,1194,2 102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all uninsured employers shall pay to the department office the greater of the following:

SB21,3029 Section 3029. 102.82 (2) (a) 1. of the statutes is amended to read:

SB21,1194,7 102.82 (2) (a) 1. Twice the amount determined by the department office to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker's compensation insurance in the preceding 3-year period based on the employer's payroll in the preceding 3 years.

SB21,3030 Section 3030. 102.82 (2) (ag) (intro.) of the statutes is amended to read:

SB21,1194,12 102.82 (2) (ag) (intro.) An uninsured employer who is liable to the department office under par. (a) 2 shall pay to the department office, in lieu of the payment required under par. (a) 2., $100 per day for each day that the employer is uninsured if all of the following apply:

SB21,3031 Section 3031. 102.82 (2) (am) of the statutes is amended to read:

SB21,1194,17 102.82 (2) (am) The department office may waive any payment owed under par. (a) by an uninsured employer if the department office determines that the uninsured employer is subject to this chapter only because the uninsured employer has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).

SB21,3032 Section 3032. 102.82 (2) (ar) of the statutes is amended to read:

SB21,1194,24 102.82 (2) (ar) The department office may waive any payment owed under par. (a) or (ag) or sub. (1) if the department office determines that the sole reason for the uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured employer was a victim of fraud, misrepresentation, or gross negligence by an insurance agent or insurance broker or by a person whom a reasonable person would believe is an insurance agent or insurance broker.

SB21,3033 Section 3033. 102.82 (2) (c) of the statutes is amended to read:

SB21,1195,4 102.82 (2) (c) The department of justice or, if the department of justice consents, the department of workforce development office may bring an action in circuit court to recover payments and interest owed to the department of workforce development office under this section.

SB21,3034 Section 3034. 102.82 (3) (a) of the statutes is amended to read:

SB21,1195,8 102.82 (3) (a) When an employee dies as a result of an injury for which an uninsured employer is liable under s. 102.03, the uninsured employer shall pay $1,000 to the department office.

SB21,3035 Section 3035. 102.83 (1) (a) 1. of the statutes is amended to read:

SB21,1195,14 102.83 (1) (a) 1. If an uninsured employer or any individual who is found personally liable under sub. (8) fails to pay to the department office any amount owed to the department office under s. 102.82 and no proceeding for review is pending, the department office or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB21,3036 Section 3036. 102.83 (1) (a) 3. of the statutes is amended to read:

SB21,1195,22 102.83 (1) (a) 3. A warrant entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien on the right, title, and interest of the uninsured employer or the individual in all of that person's real and personal property located in the county where the warrant is entered. The lien is effective when the department office issues the warrant under subd. 1. and shall continue until the amount owed, including interest, costs, and other fees to the date of payment, is paid.

SB21,3037 Section 3037. 102.83 (1) (a) 4. of the statutes is amended to read:

SB21,1196,8 102.83 (1) (a) 4. After the warrant is entered in the judgment and lien docket, the department office or any authorized representative may file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the uninsured employer or the individual is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the uninsured employer or the individual to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department office and pay to it the money collected by virtue of the warrant within 60 days after receipt of the warrant.

SB21,3038 Section 3038. 102.83 (1) (b) of the statutes is amended to read:

SB21,1196,18 102.83 (1) (b) The clerk of circuit court shall accept and enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department office covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk and the department office. The fees shall then be paid by the department office, but the fees provided by s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant and collected from the uninsured employer or the individual when satisfaction or release is presented for entry.

SB21,3039 Section 3039. 102.83 (2) of the statutes is amended to read:

SB21,1197,4 102.83 (2) The department office may issue a warrant of like terms, force, and effect to any employee or other agent of the department office, who may file a copy of the warrant with the clerk of circuit court of any county in the state, and thereupon the clerk of circuit court shall enter the warrant in the judgment and lien docket and the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (1). In the execution of the warrant, the employee or other agent shall have all the powers conferred by law upon a sheriff, but may not collect from the uninsured employer or the individual any fee or charge for the execution of the warrant in excess of the actual expenses paid in the performance of his or her duty.

SB21,3040 Section 3040. 102.83 (3) of the statutes is amended to read:

SB21,1197,10 102.83 (3) If a warrant is returned not satisfied in full, the department office shall have the same remedies to enforce the amount due for payments, interest, costs, and other fees as if the department office had recovered judgment against the uninsured employer or the individual and an execution had been returned wholly or partially not satisfied.

SB21,3041 Section 3041. 102.83 (4) of the statutes is amended to read:

SB21,1197,17 102.83 (4) When the payments, interest, costs, and other fees specified in a warrant have been paid to the department office, the department office shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter the satisfaction of the judgment in the judgment and lien docket. The department office shall send a copy of the satisfaction to the uninsured employer or the individual.

SB21,3042 Section 3042. 102.83 (5) of the statutes is amended to read:

SB21,1197,25 102.83 (5) The department office, if it finds that the interests of the state will not be jeopardized, and upon such conditions as it may exact, may issue a release of any warrant with respect to any real or personal property upon which the warrant is a lien or cloud upon title. The clerk of circuit court shall enter the release upon presentation of the release to the clerk and payment of the fee for filing the release and the release shall be conclusive proof that the lien or cloud upon the title of the property covered by the release is extinguished.

SB21,3043 Section 3043. 102.83 (6) of the statutes is amended to read:

SB21,1198,7 102.83 (6) At any time after the filing of a warrant, the department office may commence and maintain a garnishee action as provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for actions to enforce a judgment. The place of trial of an action under ch. 811 or 812 may be either in Dane County or the county where the debtor resides and may not be changed from the county in which the action is commenced, except upon consent of the parties.

SB21,3044 Section 3044. 102.83 (7) of the statutes is amended to read:

SB21,1198,12 102.83 (7) If the department office issues an erroneous warrant, the department office shall issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The clerk shall void the warrant and any liens attached by it.

SB21,3045 Section 3045. 102.83 (8) of the statutes is amended to read:

SB21,1199,2 102.83 (8) Any officer or director of an uninsured employer that is a corporation and any member or manager of an uninsured employer that is a limited liability company may be found individually and jointly and severally liable for the payments, interest, costs and other fees specified in a warrant under this section if after proper proceedings for the collection of those amounts from the corporation or limited liability company, as provided in this section, the corporation or limited liability company is unable to pay those amounts to the department office. The personal liability of the officers and directors of a corporation or of the members and managers of a limited liability company as provided in this subsection is an independent obligation, survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company, and shall be set forth in a determination or decision issued under s. 102.82.

SB21,3046 Section 3046. 102.835 (1) (ad) of the statutes is amended to read:

SB21,1199,5 102.835 (1) (ad) "Debtor" means an uninsured employer or an individual found personally liable under s. 102.83 (8) who owes the department office a debt.

SB21,3047 Section 3047. 102.835 (1) (e) of the statutes is amended to read:

SB21,1199,8 102.835 (1) (e) "Payment" means a payment owed to the department office under s. 102.82 and includes interest on that payment.

SB21,3048 Section 3048. 102.835 (2) of the statutes is amended to read:

SB21,1199,16 102.835 (2) Powers of levy and distraint. If any debtor who is liable for any debt fails to pay that debt after the department office has made demand for payment, the department office may collect that debt and the expenses of the levy by levy upon any property belonging to the debtor. If the value of any property that has been levied upon under this section is not sufficient to satisfy the claim of the department office, the department office may levy upon any additional property of the debtor until the debt and expenses of the levy are fully paid.

SB21,3049 Section 3049. 102.835 (3) of the statutes is amended to read:

SB21,1199,23 102.835 (3) Duties to surrender. Any person in possession of or obligated with respect to property or rights to property that is subject to levy and upon which a levy has been made shall, upon demand of the department office, surrender the property or rights or discharge the obligation to the department office, except that part of the property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

SB21,3050 Section 3050. 102.835 (4) (a) of the statutes is amended to read:

SB21,1200,3 102.835 (4) (a) Any debtor who fails to surrender any property or rights to property that is subject to levy, upon demand by the department office, is subject to proceedings to enforce the amount of the levy.

SB21,3051 Section 3051. 102.835 (4) (b) of the statutes is amended to read:

SB21,1200,12 102.835 (4) (b) Any 3rd party who fails to surrender any property or rights to property subject to levy, upon demand of the department office, is subject to proceedings to enforce the levy. The 3rd party is not liable to the department office under this paragraph for more than 25% of the debt. The department office shall serve a final demand as provided under sub. (13) on any 3rd party who fails to surrender property. Proceedings may not be initiated by the department office until 5 days after service of the final demand. The department office shall issue a determination under s. 102.82 to the 3rd party for the amount of the liability.

SB21,3052 Section 3052. 102.835 (4) (c) of the statutes is amended to read:

SB21,1200,18 102.835 (4) (c) When a 3rd party surrenders the property or rights to the property on demand of the department office or discharges the obligation to the department office for which the levy is made, the 3rd party is discharged from any obligation or liability to the debtor with respect to the property or rights to the property arising from the surrender or payment to the department office.

SB21,3053 Section 3053. 102.835 (5) (a) of the statutes is amended to read:

SB21,1201,2 102.835 (5) (a) If the department office has levied upon property, any person, other than the debtor who is liable to pay the debt out of which the levy arose, who claims an interest in or lien on that property, and who claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. That action may be brought whether or not that property has been surrendered to the department office. The court may grant only the relief under par. (b). No other action to question the validity of or to restrain or enjoin a levy by the department office may be maintained.

SB21,3054 Section 3054. 102.835 (5) (c) of the statutes is amended to read:

SB21,1201,6 102.835 (5) (c) For purposes of an adjudication under this subsection, the determination of the debt upon which the interest or lien of the department office is based is conclusively presumed to be valid.

SB21,3055 Section 3055. 102.835 (6) of the statutes is amended to read:

SB21,1201,9 102.835 (6) Determination of expenses. The department office shall determine its costs and expenses to be paid in all cases of levy.

SB21,3056 Section 3056. 102.835 (7) (a) of the statutes is amended to read:

SB21,1201,14 102.835 (7) (a) The department office shall apply all money obtained under this section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department office by the debtor.

SB21,3057 Section 3057. 102.835 (7) (b) of the statutes is amended to read:

SB21,1201,18 102.835 (7) (b) The department office may refund or credit any amount left after the applications under par. (a), upon submission of a claim for a refund or credit and satisfactory proof of the claim, to the person entitled to that amount.