LRB-1716/1
GMM&MES:kjf:pg
2005 - 2006 LEGISLATURE
January 27, 2005 - Introduced by Representatives Nass, LeMahieu, Albers, Gard,
Hines, Jensen, Jeskewitz, Moulton, Nischke, Owens, Strachota, Stone,
Suder, Townsend, Van Roy, Vrakas, Vos, Ward and Ziegelbauer, cosponsored
by Senators Grothman, Brown, S. Fitzgerald, Kanavas, Kapanke, Kedzie, A.
Lasee, Lazich and
Reynolds. Referred to Committee on Labor.
AB49,1,5
1An Act to renumber and amend 104.08 (1), 104.08 (2) and 104.08 (3);
to amend
2104.01 (intro.), 104.01 (5), 104.02, 104.03, 104.04, 104.05, 104.06, 104.07 (1),
3104.07 (2), 104.10, 104.11 and 104.12; and
to create 104.001 and 104.08 (1m)
4(b) of the statutes;
relating to: preemption of city, village, town, or county
5living wage ordinances.
Analysis by the Legislative Reference Bureau
Under current constitutional and statutory home rule provisions, a city or
village may determine its own local affairs subject only to the Wisconsin Constitution
and to any enactment of the legislature that is of statewide concern and that affects
every city or village with uniformity.
This bill requires that the state minimum wage law, under which an employer
may not pay an employee less than a living wage, be construed as an enactment of
statewide concern for the purpose of providing a living wage that is uniform
throughout the state. As such, the bill permits a city, village, town, or county to enact
an ordinance establishing a living wage only if the ordinance strictly conforms to the
state minimum wage law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB49, s. 1
1Section
1. 104.001 of the statutes is created to read:
AB49,2,4
2104.001 Statewide concern; uniformity.
(1) This chapter shall be
3construed as an enactment of statewide concern for the purpose of providing a living
4wage that is uniform throughout the state.
AB49,2,10
5(2) A city, village, town, or county may enact and administer an ordinance
6establishing a living wage only if the ordinance strictly conforms to this chapter and
7any rules promulgated under this chapter. Except as provided in sub. (3), a city,
8village, town, or county may not administer an ordinance establishing a living wage
9unless that ordinance strictly conforms to this chapter and any rules promulgated
10under this chapter.
AB49,3,2
11(3) A city, village, town, or county that has a living wage ordinance in effect on
12the effective date of this subsection .... [revisor inserts date], may maintain and
13administer that ordinance if the department reviews the ordinance and determines
14that the ordinance strictly conforms to this chapter and any rules promulgated under
15this chapter. If the department determines that any part of the existing ordinance
16does not strictly conform to this chapter and any rules promulgated under this
17chapter, the city, village, town, or county may amend the ordinance and submit the
18amended ordinance to the department for a determination of whether the amended
19ordinance strictly conforms to this chapter and any rules promulgated under this
20chapter. A city, village, town, or county may not amend a living wage ordinance
1except to maintain strict conformity with this chapter and any rules promulgated
2under this chapter.
AB49,3,4
3(4) A county ordinance enacted under this section does not apply within any
4city, village, or town that has enacted or enacts an ordinance under this section.
AB49,3,7
5(5) This section does not affect the requirement that employees employed on
6a public works project contracted for by a city, village, town, or county be paid at the
7prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.
AB49, s. 2
8Section
2. 104.01 (intro.) of the statutes is amended to read:
AB49,3,10
9104.01 Definitions. (intro.) The following terms as used in
ss. 104.01 to
10104.12 this chapter shall be construed as follows:
AB49, s. 3
11Section
3. 104.01 (5) of the statutes is amended to read:
AB49,3,1512
104.01
(5) The term "living-wage" shall mean "Living wage" means 13compensation for labor paid, whether by time, piecework
, or otherwise, sufficient to
14enable the employee receiving
it the compensation to maintain himself or herself
15under conditions consistent with his or her welfare.
AB49, s. 4
16Section
4. 104.02 of the statutes is amended to read:
AB49,3,19
17104.02 Living-wage Living wage prescribed. Every wage paid or agreed
18to be paid by any employer to any employee, except as otherwise provided in s.
19104.07, shall be not less than a
living-wage living wage.
AB49, s. 5
20Section
5. 104.03 of the statutes is amended to read:
AB49,3,23
21104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
22to pay any employee a wage lower or less in value than a
living-wage living wage is
23guilty of a violation of
ss. 104.01 to 104.12 this chapter.
AB49, s. 6
24Section
6. 104.04 of the statutes is amended to read:
AB49,4,13
1104.04 Classifications; department's authority. The department shall
2investigate, ascertain, determine
, and fix such reasonable classifications, and shall
3impose general or special orders, determining the
living-wage living wage, and shall
4carry out the purposes of
ss. 104.01 to 104.12 this chapter. Such investigations,
5classifications
, and orders shall be made as provided under s. 103.005, and the
6penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
7of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage living wage, the
8department may consider the effect that an increase in the
living-wage living wage 9might have on the economy of the state, including the effect of a
living-wage living
10wage increase on job creation, retention
, and expansion, on the availability of
11entry-level jobs
, and on regional economic conditions within the state. The
12department may not establish a different minimum wage for men and women. Said
13orders shall be subject to review in the manner provided in ch. 227.
AB49, s. 7
14Section
7. 104.05 of the statutes is amended to read:
AB49,4,20
15104.05 Complaints; investigation. The department shall, within 20 days
16after the filing of a verified complaint of any person setting forth that the wages paid
17to any employee in any occupation are not sufficient to enable the employee to
18maintain himself or herself under conditions consistent with his or her welfare,
19investigate and determine whether there is reasonable cause to believe that the wage
20paid to any employee is not a
living-wage living wage.
AB49, s. 8
21Section
8. 104.06 of the statutes is amended to read:
AB49,5,3
22104.06 Wage council; determination. If, upon investigation, the
23department finds that there is reasonable cause to believe that the wages paid to any
24employee are not a
living-wage, it living wage, the department shall appoint a wage
25council, selected so as fairly to represent employers, employees
, and the public, to
1assist in its investigations and determinations. The
living-wage living wage so
2determined upon shall be the
living-wage living wage for all employees within the
3same class as established by the classification of the department.
AB49, s. 9
4Section
9. 104.07 (1) of the statutes is amended to read:
AB49,5,105
104.07
(1) The department shall make rules
, and, except as provided under
6subs. (5) and (6), grant licenses
, to any employer who employs any employee
who is 7unable to earn the
living-wage theretofore determined upon living wage determined
8by the department, permitting
such person the employee to work for a wage
which
9shall be that is commensurate with
the employee's ability
and each. Each license so
10granted shall establish a wage for the licensee.
AB49, s. 10
11Section
10. 104.07 (2) of the statutes is amended to read:
AB49,5,1712
104.07
(2) The department shall make rules
, and, except as provided under
13subs. (5) and (6), grant licenses to sheltered workshops
, to permit the employment
14of workers with disabilities who are unable to earn the
living-wage living wage at
15a wage that is commensurate with their ability and productivity. A license granted
16to a sheltered workshop under this
section subsection may be issued for the entire
17workshop or a department of the workshop.
AB49, s. 11
18Section
11. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
19to read:
AB49,5,2320
104.08
(2m) All persons Any person working in
an occupation a trade industry 21for which a
living-wage living wage has been established for minors, and who
shall
22have has no trade, shall
, if employed in an occupation which is a trade industry, be
23indentured under
the provisions of s. 106.01.
AB49, s. 12
24Section
12. 104.08 (1m) (b) of the statutes is created to read:
AB49,6,3
1104.08
(1m) (b) "Trade industry" means an industry involving physical labor
2and characterized by mechanical skill and training such as render a period of
3instruction reasonably necessary.
AB49, s. 13
4Section
13. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
5amended to read:
AB49,6,76
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
7104.01 to 104.12 shall be a trade or In this section:
AB49,6,10
8(a) "Trade" means an
industry
occupation involving physical labor and
9characterized by mechanical skill and training such as render a period of instruction
10reasonably necessary.
AB49,6,13
11(3) (a) The department shall investigate, determine
, and declare what
12occupations and industries are included within
the phrase a "trade" or a "trade
13industry
".."
AB49, s. 14
14Section
14. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
15amended to read:
AB49,6,1716
104.08
(3) (b) The department may make exceptions to the operation of
subs.
17(1) and (2) where sub. (2m) when conditions make
their its application unreasonable.
AB49, s. 15
18Section
15. 104.10 of the statutes is amended to read:
AB49,6,25
19104.10 Penalty for intimidating witness. Any employer who discharges or
20threatens to discharge, or in any way discriminates, or threatens to discriminate
21against any employee because the employee has testified or is about to testify, or
22because the employer believes that the employee may testify, in any investigation or
23proceeding relative to the enforcement of
ss. 104.01 to 104.12 this chapter, is guilty
24of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 for
25each offense.
AB49, s. 16
1Section
16. 104.11 of the statutes is amended to read:
AB49,7,5
2104.11 Definition of violation. Each day during which any employer shall
3employ a person for whom a
living-wage living wage has been fixed at a wage less
4than the
living-wage living wage fixed shall constitute a separate and distinct
5violation of
ss. 104.01 to 104.12 this chapter.
AB49, s. 17
6Section
17. 104.12 of the statutes is amended to read: