Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,373,6 f. Lay out, assemble, install, or maintain pipe systems, pipe supports, and related hydraulic and pneumatic equipment for steam, hot water, heating, cooling, lubricating, or industrial production and processing systems.

SB55-SSA1-SA2,373,8 8. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).

SB55-SSA1-SA2,373,10 (6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.

SB55-SSA1-SA2, s. 2490j Section 2490j. 101.255 of the statutes is created to read:

SB55-SSA1-SA2,373,12 101.255 Ironworker ratios. (1) Definitions. In this section:

SB55-SSA1-SA2,373,15 (a) "Apprentice ironworker" means an individual who is enrolled in an ironworker apprenticeship program that is approved by the department of commerce and by the department of workforce development.

SB55-SSA1-SA2,373,17 (b) "Master ironworker" means an individual who is certified as a master ironworker by the department of commerce under s. 101.25.

SB55-SSA1-SA2,374,2 (2) Rules. Except as provided in sub. (3), the department shall promulgate rules specifying a minimum number of master ironworkers that are required to provide work at a construction site, and a maximum number of apprentice ironworkers and individuals training as ironworkers that are permitted to provide work at a construction site, in order to provide for the safety of individuals at the construction site. The department may vary the minimum and maximum numbers established under the rules based upon the type of work being performed at the construction site. The rules do not apply to an individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with the rules.

SB55-SSA1-SA2,374,13 (3) Federal approval. The department shall submit to the federal secretary of labor a plan for enforcing the minimum and maximum numbers established under sub. (2), if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of sub. (2). If no approval is required under 29 USC 667 (b) or if an approval that is consistent with all of the provisions of sub. (2) is granted and in effect, the department shall promulgate and enforce the rules required under sub. (2). If approval is required under 29 USC 667 (b), the department may not promulgate or enforce the rules required under sub. (2) unless an approval that is consistent with all of the provisions of sub. (2) is granted and in effect.".

SB55-SSA1-SA2,374,14 1027. Page 901, line 9: after that line insert:

SB55-SSA1-SA2,374,16 " Section 2531w. Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:

SB55-SSA1-SA2,374,17 Chapter 101

SB55-SSA1-SA2,374,24 Subchapter IV inspection of electrical construction and certification of master electrician, and electrical contractors, journeymen and beginning electricians

SB55-SSA1-SA2, s. 2531y Section 2531y. 101.815 of the statutes is created to read:

SB55-SSA1-SA2,375,5 101.815 Outdoor lighting. (1) The department shall promulgate rules establishing voluntary guidelines relating to the design, construction, installation, and use of outdoor light fixtures and lamps used in outdoor light fixtures. The guidelines shall include provisions to achieve all of the following:

SB55-SSA1-SA2,375,6 (a) Improved energy efficiency of outdoor lighting.

SB55-SSA1-SA2,375,7 (b) Appropriate light intensity, distribution, and color of outdoor lighting.

SB55-SSA1-SA2,375,8 (c) Reduced glare.

SB55-SSA1-SA2,375,9 (d) Direction of light only to areas that are intended to be illuminated.

SB55-SSA1-SA2,375,10 (e) Greater capability of outdoor lighting to provide nighttime security.

SB55-SSA1-SA2,375,11 (f) Reduced interference with the functions of any astronomical observatory.

SB55-SSA1-SA2,375,12 (2) The department shall promulgate rules establishing all of the following:

SB55-SSA1-SA2,375,14 (a) Standards for determining compliance with the guidelines under sub. (1) and a self-certification process for building owners.

SB55-SSA1-SA2,375,16 (b) A means of acknowledging the building owners who comply with the guidelines under sub. (1).

SB55-SSA1-SA2,375,18 (3) The department shall disseminate a summary of the guidelines under sub. (1) and shall urge voluntary compliance with the guidelines.

SB55-SSA1-SA2,375,22 (4) The department shall consult with the department of administration regarding the outdoor light fixtures and lamps used in outdoor light fixtures for state buildings and facilities. The department of administration shall comply with the guidelines under sub. (1) to the extent practicable.

SB55-SSA1-SA2,376,4 (5) Notwithstanding s. 101.86 (1) (a), a city, village, town, or county may enact and enforce standards for outdoor lighting that are similar to the guidelines under sub. (1) or may enact and enforce standards for outdoor lighting that are less or more restrictive than the guidelines under sub. (1). A city, village, town, or county may apply its standards to outdoor light fixtures and lamps for outdoor light fixtures constructed or installed before the effective date of the city, village, town, or county standards.".

SB55-SSA1-SA2,376,5 1028. Page 902, line 16: after that line insert:

SB55-SSA1-SA2,376,6 " Section 2543p. 102.01 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,376,10 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation.

SB55-SSA1-SA2, s. 2543q Section 2543q. 102.04 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,376,15 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation therein.".

SB55-SSA1-SA2,376,16 1029. Page 902, line 17: delete lines 17 to 21.

SB55-SSA1-SA2,376,17 1030. Page 903, line 4: delete lines 4 to 17.

SB55-SSA1-SA2,376,18 1031. Page 903, line 17: after that line insert:

SB55-SSA1-SA2,376,19 " Section 2556n. 103.001 (6) of the statutes is amended to read:

SB55-SSA1-SA2,377,2 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation as well as any agent, manager, representative, or other person having control or custody of any employment, place of employment, or of any employee.".

SB55-SSA1-SA2,377,4 1032. Page 903, line 18: delete the material beginning with that line and ending with page 904, line 24.

SB55-SSA1-SA2,377,5 1033. Page 904, line 24: after that line insert:

SB55-SSA1-SA2,377,6 " Section 2558h. 103.49 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,377,24 103.49 (3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. In defining those trades or occupations, the department may not define swimming pool installer as a separate trade or occupation for purposes of determining the prevailing wage rates for the trades or occupations that are commonly employed in the construction of swimming pools. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.".

SB55-SSA1-SA2,378,1 1034. Page 906, line 3: delete lines 3 to 17.

SB55-SSA1-SA2,378,2 1035. Page 907, line 14: after that line insert:

SB55-SSA1-SA2,378,3 " Section 2559k. 103.67 (2) (j) of the statutes is amended to read:

SB55-SSA1-SA2,378,10 103.67 (2) (j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5), or 938.345 or, in a supervised work program or other community service work under s. 938.245 (2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3), or 938.345, or in the community service component of a youth report center program under s. 938.245 (2) (a) 9m., 938.32 (1p), 938.34 (7j), 938.342 (1d) (c) or (1g) (k), 938.343 (3m), 938.344 (2g) (a) 5., 938.345, or 938.355 (6) (d) 5. or (6m) (a) 4.".

SB55-SSA1-SA2,378,11 1036. Page 908, line 15: after that line insert:

SB55-SSA1-SA2,378,12 " Section 12560mb. 104.01 (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,378,14 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

SB55-SSA1-SA2, s. 2560mc Section 2560mc. 104.01 (5) of the statutes is amended to read:

SB55-SSA1-SA2,378,19 104.01 (5) The term "living-wage" shall mean "Living wage" means compensation for labor paid, whether by time, piecework, or otherwise, sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her welfare.

SB55-SSA1-SA2, s. 2560md Section 2560md. 104.01 (5m) of the statutes is created to read:

SB55-SSA1-SA2,378,23 104.01 (5m) "Opportunity employee" means a person under 20 years of age who has been employed for a cumulative total of 30 calendar days or less within the preceding 3-year period.

SB55-SSA1-SA2, s. 2560me Section 2560me. 104.01 (5p) of the statutes is created to read:

SB55-SSA1-SA2,379,3 104.01 (5p) "Poverty line" means the poverty guidelines for the continental United States, as revised annually by the federal department of health and human services under 42 USC 9902 (2).

SB55-SSA1-SA2, s. 2560mf Section 2560mf. 104.01 (7m) of the statutes is created to read:

SB55-SSA1-SA2,379,7 104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.

SB55-SSA1-SA2, s. 2560mg Section 2560mg. 104.01 (8) of the statutes is amended to read:

SB55-SSA1-SA2,379,10 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

SB55-SSA1-SA2, s. 2560mh Section 2560mh. 104.02 of the statutes is amended to read:

SB55-SSA1-SA2,379,14 104.02 Living-wage prescribed Living wage required. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living-wage living wage.

SB55-SSA1-SA2, s. 2560mi Section 2560mi. 104.03 of the statutes is amended to read:

SB55-SSA1-SA2,379,18 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living-wage living wage is guilty of a violation of ss. 104.01 to 104.12 this chapter.

SB55-SSA1-SA2, s. 2560mj Section 2560mj. 104.035 of the statutes is created to read:

SB55-SSA1-SA2,380,8 104.035 Minimum wage. (1) Department to promulgate rules. The department shall promulgate rules providing minimum hourly wages for the employees specified in subs. (2) to (5). The department shall calculate those minimum hourly wages according to the methods specified in subs. (2) to (5). Annually, within 30 days after the federal department of health and human services publishes its annual revision of the poverty line, the department, using the procedure under s. 227.24 and the methods specified in subs. (2) to (5), shall promulgate rules revising the minimum hourly wages provided under subs. (2) to (5). Notwithstanding s. 227.24 (1) (a) and (2) (b), the department is not required to provide evidence of the necessity of preserving the public peace, health, safety, or welfare in promulgating rules revising the minimum wages provided under subs. (2) to (5). A revised minimum wage provided under subs. (2) to (5) shall first apply to wages earned beginning on the first day of the first month beginning after the date on which that minimum wage is revised.

SB55-SSA1-SA2,380,12 (2) Employees generally. Subject to the minimum wages provided under subs. (3) to (6) and (8), the department shall calculate the minimum hourly wage for employees generally by dividing the poverty line for a family of 3 persons by 2,080 and rounding the quotient to the nearest multiple of 5 cents.

SB55-SSA1-SA2,380,17 (3) Opportunity employees. Notwithstanding the minimum wage provided under sub. (2), but subject to the minimum wages provided under subs. (4) to (6) and (8), the department shall calculate the minimum wage for opportunity employees by multiplying the result obtained under sub. (2) by 92.9% and rounding the product to the nearest multiple of 5 cents.

SB55-SSA1-SA2,380,21 (4) Tipped employees. (a) Notwithstanding the minimum wages provided under subs. (2) and (3), but subject to the minimum wages provided under subs. (5), (6), and (8), the department shall calculate the minimum wage for tipped employees as follows:

SB55-SSA1-SA2,380,24 1. For persons who are not opportunity employees, by multiplying the result obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple of 5 cents.

SB55-SSA1-SA2,381,3 2. For persons who are opportunity employees, by multiplying the result obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple of 5 cents.

SB55-SSA1-SA2,381,8 (b) An employer may pay the minimum wages specified in par. (a) only if the employer establishes by the employer's payroll records that, when adding the tips received by an employee to the wages under par. (a) paid to that employee, the employee receives not less than the minimum wage specified in sub. (2) or (3), whichever is applicable.

SB55-SSA1-SA2,381,16 (5) Agricultural employees. Notwithstanding the minimum wages provided under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and (8), the department shall calculate the minimum wage for persons 18 years of age or over who are agricultural employees by multiplying the result obtained under sub. (2) by 95.3% and rounding the product to the nearest multiple of 5 cents and shall calculate the minimum wage for persons under 18 years of age who are agricultural employees by multiplying the result obtained under sub. (2) by 87.0% and rounding the product to the nearest multiple of 5 cents.

SB55-SSA1-SA2,381,18 (6) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

SB55-SSA1-SA2,381,20 (a) A counselor employed at a seasonal recreational or educational camp, including a day camp, for campers under 18 years of age.

SB55-SSA1-SA2,381,21 (b) A caddy on a golf course.

SB55-SSA1-SA2,381,23 (c) An employee or worker with a disability covered under a license under s. 104.07.

SB55-SSA1-SA2,381,24 (d) A student learner.

SB55-SSA1-SA2,382,2 (e) A student employed by an independent college or university for less than 20 hours per week.

SB55-SSA1-SA2,382,5 (7) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (2) to (5) all of the following:

SB55-SSA1-SA2,382,7 (a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

SB55-SSA1-SA2,382,11 (b) A person who resides with and who provides companionship and care, not including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not more than 15 hours per week of general household work for an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs.

SB55-SSA1-SA2,382,13 (c) An elementary or secondary school student performing student work-like activities in the student's school.

SB55-SSA1-SA2,382,15 (8) Department may revise. The department may promulgate rules to increase a minimum wage provided under subs. (2) to (5).

SB55-SSA1-SA2, s. 2560mk Section 2560mk. 104.04 of the statutes is amended to read:

SB55-SSA1-SA2,383,4 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the department may consider the effect that an increase in the living-wage living wage might have on the economy of the state, including the effect of a living-wage living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

SB55-SSA1-SA2, s. 2560mL Section 2560mL. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB55-SSA1-SA2,383,9 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

SB55-SSA1-SA2,383,11 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

SB55-SSA1-SA2, s. 2560mm Section 2560mm. 104.045 (2) and (3) of the statutes are created to read:

SB55-SSA1-SA2,383,14 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligations under this chapter.