Amendment SA2-SSA1-SB55

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.

SB55-SSA1-SA2,383,16 (3) The determination of hours worked by an employee during which the employee is entitled to a living wage under this chapter.

SB55-SSA1-SA2, s. 2560mn Section 2560mn. 104.05 of the statutes is amended to read:

SB55-SSA1-SA2,383,23 104.05 Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employee in any occupation are not sufficient to enable the employee to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any the employee is not a living-wage living wage.

SB55-SSA1-SA2, s. 2560mp Section 2560mp. 104.06 of the statutes is amended to read:

SB55-SSA1-SA2,384,9 104.06 Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employee are not a living-wage, it living wage, the department shall appoint a wage council, selected so as fairly to represent employers, employees, and the public, to assist in its investigations and determinations. The living-wage department may use the results of an investigation under this section to establish a living wage. A living wage so determined upon shall be the living-wage living wage for all employees within the same class as established by the classification of the department under s. 104.04.

SB55-SSA1-SA2, s. 2560mq Section 2560mq. 104.07 (1) of the statutes is amended to read:

SB55-SSA1-SA2,384,17 104.07 (1) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses, to any employer who employs any employee who is unable to earn the living-wage theretofore determined upon, permitting such person to a living wage so that the employee may work for a wage which shall be that is commensurate with the employee's ability and each . Each license so granted shall establish a wage for the licensee employees of the licensee who are unable to earn a living wage.

SB55-SSA1-SA2, s. 2560mr Section 2560mr. 104.07 (2) of the statutes is amended to read:

SB55-SSA1-SA2,384,24 104.07 (2) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of workers with disabilities who are unable to earn the living-wage at a living wage so that those workers may work for a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this section may be issued for the entire workshop or a department of the workshop.

SB55-SSA1-SA2, s. 2560ms Section 2560ms. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended to read:

SB55-SSA1-SA2,385,6 104.08 (2m) All persons Any person working in an occupation a trade industry for which a living-wage living wage has been established for minors, and who shall have has no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of s. 106.01.

SB55-SSA1-SA2, s. 2560mt Section 2560mt. 104.08 (1m) (b) of the statutes is created to read:

SB55-SSA1-SA2,385,10 104.08 (1m) (b) "Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

SB55-SSA1-SA2, s. 2560mu Section 2560mu. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and amended to read:

SB55-SSA1-SA2,385,14 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss. 104.01 to 104.12 shall be a trade or In this section:

SB55-SSA1-SA2,385,19 (a) "Trade" means an industry occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary. The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".

SB55-SSA1-SA2, s. 2560mv Section 2560mv. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and amended to read:

SB55-SSA1-SA2,385,23 104.08 (3) (b) The department may make exceptions to the operation of subs. (1) and (2) (1m) and (2m) where conditions make their application unreasonable.

SB55-SSA1-SA2, s. 2560mw Section 2560mw. 104.08 (3) (a) of the statutes is created to read:

SB55-SSA1-SA2,386,2 104.08 (3) (a) The department shall investigate, determine, and declare what occupations and industries are included within a trade or a trade industry.

SB55-SSA1-SA2, s. 2560mx Section 2560mx. 104.10 of the statutes is amended to read:

SB55-SSA1-SA2,386,10 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates , or threatens to discriminate, against any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 this chapter may be fined $500 for each offense.

SB55-SSA1-SA2, s. 2560my Section 2560my. 104.11 of the statutes is amended to read:

SB55-SSA1-SA2,386,15 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

SB55-SSA1-SA2, s. 2560mz Section 2560mz. 104.12 of the statutes is amended to read:

SB55-SSA1-SA2,386,23 104.12 Complaints. Any person may register with the department a complaint that the wages paid to employees for whom a living-wage living wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage a living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

SB55-SSA1-SA2,386,24 1037. Page 908, line 22: after that line insert:

SB55-SSA1-SA2,387,1 " Section 2560s. 106.01 (11m) of the statutes is created to read:

SB55-SSA1-SA2,387,9 106.01 (11m) The department may provide an advanced journeyman credential pilot program in up to 3 trades, crafts, or businesses to recognize advanced training and postapprenticeship achievements. In selecting the trades, crafts, or businesses to be included in the program, the department shall seek to maximize participation in the program of persons who are minority group members, as defined in s. 560.036 (1) (f). By July 1, 2004, the department shall submit to the legislature under s. 13.172 (2) an evaluation of the effectiveness of the program established under this subsection.

SB55-SSA1-SA2, s. 2560t Section 2560t. 106.01 (12) of the statutes is created to read:

SB55-SSA1-SA2,387,23 106.01 (12) From the appropriations under s. 20.445 (1) (a) and (g), the department shall allocate $150,000 in each fiscal year, beginning in fiscal year 2002-03, for apprenticeship marketing activities, including the development and distribution of promotional materials directed at encouraging employers to hire apprentices, educating high school career counselors on careers available in the skilled trades, encouraging the youth of this state to consider a career in the skilled trades, and otherwise promoting the availability and benefits of careers in the skilled trades. The department shall solicit contributions from private sources to assist in the provision of those promotional materials and shall credit any contributions received to the appropriation account under s. 20.445 (1) (g). The department shall seek the advice of and consult with the apprenticeship marketing council regarding the administration of the apprenticeship marketing activities provided under this subsection.

SB55-SSA1-SA2, s. 2560u Section 2560u. 106.01 (13) of the statutes is created to read:

SB55-SSA1-SA2,388,8 106.01 (13) (a) In this subsection, "industrial, service, or skilled trades apprenticeship program" means a 2-year to 5-year apprenticeship program, as determined and approved by the department, in which an apprentice receives instruction leading to qualification as a skilled journeyman in any industrial manufacturing trade or private sector service occupation or receives instruction in the construction trades leading to qualification as a skilled journeyman carpenter, including a floor coverer, millwright, or pile driver; laborer; ironworker; or painter, including a taper.

SB55-SSA1-SA2,388,23 (b) From the appropriation under s. 20.445 (1) (a), the department shall allocate $300,000 in each fiscal year, beginning in fiscal year 2002-03, to contract with an organization to provide preapprenticeship basic skills training grants of up to $500 to persons who are eligible under this paragraph to receive those grants. A person is eligible to receive a grant under this paragraph if the person's family income does not exceed 165% of the poverty line for the continental United States, as revised annually by the federal department of health and human services under 42 USC 9902 (2), and if the person has previously failed a test for placement in an industrial, service, or skilled trades apprenticeship program, but wishes to participate in such a program. A person who receives a grant under this paragraph may use the grant moneys received to pay for the costs of tuition, fees, books, supplies, and materials, and for any other direct training costs, required to attend a preapprenticeship basic skills training program provided by an organization, a technical college, or a school approved by the educational approval board under s. 45.54.".

SB55-SSA1-SA2,388,24 1038. Page 908, line 22: delete "13.171" and substitute "13.172".

SB55-SSA1-SA2,389,1 1039. Page 911, line 20: after that line insert:

SB55-SSA1-SA2,389,2 " Section 2571p. 106.175 of the statutes is created to read:

SB55-SSA1-SA2,389,10 106.175 Labor Day report. By September 1, 2001, and annually thereafter, the department shall prepare and submit to the appropriate standing committees of the legislature under s. 13. 172 (3) a report on the labor supply in this state. The report shall describe any critical labor shortage areas identified by the department by occupation, region, gender, and race and shall recommend potential solutions to those critical labor shortages. The department shall also provide the report to the local workforce development boards established under 29 USC 2832 throughout the state and to the other appropriate organizations as determined by the department.

SB55-SSA1-SA2, s. 2571q Section 2571q. 106.18 of the statutes is created to read:

SB55-SSA1-SA2,389,18 106.18 Job skills training reports. The department shall collect information concerning the availability of basic job skills training programs in the state and periodically prepare reports identifying those programs for distribution to local workforce development boards established under 29 USC 2832, job centers, and other appropriate organizations as determined by the department. To the extent practicable, the reports shall identify available training programs by region of the state.".

SB55-SSA1-SA2,389,20 1040. Page 911, line 21: delete the material beginning with that line and ending with page 912, line 2.

SB55-SSA1-SA2,389,21 1041. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,389,22 " Section 2604b. 108.07 (8) (b) of the statutes is amended to read:

SB55-SSA1-SA2,390,6 108.07 (8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.".

SB55-SSA1-SA2,390,7 1042. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,390,8 " Section 2604q. 109.09 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,390,23 109.09 (2) (c) A Except as provided in this paragraph, a lien under par. (a) takes precedence over all other debts, judgments, decrees, liens, or mortgages against the employer, except a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect or a lien under s. 292.31 (8) (i) or 292.81, regardless of whether those other debts, judgments, decrees, liens, or mortgages originate before or after the lien under par. (a) takes effect. A lien under par. (a) takes precedence over a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect only to the extent that the lien under par. (a) does not exceed $6,000 per employee, except that this $6,000 limit does not apply to a lien for a payment due under s. 109.07 (3) or 109.075 (3). A lien under par. (a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20, and 779.21, insofar as those provisions are applicable. The lien ceases to exist if the department of workforce development or the employee does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.".

SB55-SSA1-SA2,390,24 1043. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,391,1 " Section 2599m. 110.07 (1) (a) 1. of the statutes is amended to read:

SB55-SSA1-SA2,391,5 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349, and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB55-SSA1-SA2, s. 2599mg Section 2599mg. 110.07 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,391,11 110.07 (1) (b) All municipal judges, judges, district attorneys, and law enforcement officers shall assist in enforcing this chapter, ss. 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and chs. 194, 218, and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.".

SB55-SSA1-SA2,391,12 1044. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,391,13 " Section 2607e. 111.70 (1) (j) of the statutes is amended to read:

SB55-SSA1-SA2,391,20 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, or family care district, the Milwaukee County child welfare district, or any other political subdivision of the state that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-SA2,391,21 1045. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,391,22 " Section 2608c. 111.70 (4) (cm) 8s. of the statutes is amended to read:

SB55-SSA1-SA2,392,20 111.70 (4) (cm) 8s. `Forms for determining costs; calculation of the costs of certain fringe benefits.' a. The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.

SB55-SSA1-SA2, s. 2609h Section 2609h . 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB55-SSA1-SA2,393,2 111.70 (4) (cm) 8s. b. For the purpose of calculating fringe benefit costs under a qualified economic offer, the commission shall exclude from the calculation any increased costs in health insurance benefits that are in excess of the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31.".

SB55-SSA1-SA2,393,3 1046. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,393,4 " Section 2609j. 111.70 (1) (j) of the statutes is amended to read:

SB55-SSA1-SA2,393,11 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family care district , or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-SA2,393,12 1047. Page 912, line 21: delete lines 21 to 24.

SB55-SSA1-SA2,393,13 1048. Page 913, line 1: delete lines 1 and 2.

SB55-SSA1-SA2,393,14 1049. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,15 " Section 2610r. 111.71 (5m) of the statutes is created to read:

SB55-SSA1-SA2,393,17 111.71 (5m) Notwithstanding, s. 15.02 (4), the commission may not designate an attorney assigned to the commission as the general counsel or chief counsel.".

SB55-SSA1-SA2,393,18 1050. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,19 " Section 2615c. 111.91 (2) (n) of the statutes is amended to read:

SB55-SSA1-SA2,393,21 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) (15).".

SB55-SSA1-SA2,393,22 1051. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,23 " Section 2610s. 111.71 (2e) of the statutes is created to read:

SB55-SSA1-SA2,394,2 111.71 (2e) If requested under s. 62.13 (5) (c), the commission shall appoint an arbitrator for the purposes of that subsection.".

SB55-SSA1-SA2,394,3 1052. Page 914, line 21: after that line insert:

SB55-SSA1-SA2,394,4 " Section 2625w. 115.28 (47) of the statutes is created to read:

SB55-SSA1-SA2,394,7 115.28 (47) Grant to Beloit College. Annually award the amount appropriated under s. 20.255 (2) (kj) to Beloit College to educate children and adults in southern Wisconsin about Native American cultures.".

SB55-SSA1-SA2,394,8 1053. Page 916, line 1: after that line insert:

SB55-SSA1-SA2,394,9 " Section 2657m. 115.435 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,394,13 115.435 (1) (c) At least 65% 80% of the real property in the school district is exempt from taxation under s. 70.11, taxed as forest croplands under subch. I of ch. 77, owned by or held in trust for a federally recognized American Indian tribe, or owned by the federal government.".

SB55-SSA1-SA2,394,14 1054. Page 917, line 1: delete "from the appropriation under s. 20.255 (2) (b)".

SB55-SSA1-SA2,394,15 1055. Page 917, line 15: after that line insert:

SB55-SSA1-SA2,394,19 "(d) Aid under this subsection shall be paid from the appropriation account under s. 20.255 (2) (bb). If the amount appropriated in any fiscal year is insufficient to pay the full amount of aid under this subsection, the department shall prorate the payments.".

SB55-SSA1-SA2,394,20 1056. Page 917, line 22: after that line insert:

SB55-SSA1-SA2,394,21 " Section 2679c. 118.13 (1m) of the statutes is created to read: