2005 - 2006 LEGISLATURE
January 18, 2005 - Introduced by Joint Committee For Review of Administrative
, by request of 2003-2004 Rule Objection. Referred to Committee on
Labor and Election Process Reform.
SB12,1,2 1An Act to renumber and amend 104.04; and to create 104.04 (2) of the
2statutes; relating to: the state minimum wage.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires employers to pay a living wage
to their employees. Under that law, the Department of Workforce Development
(DWD) has promulgated rules providing minimum wages for various types of
employees, including employees generally, opportunity employees, which are
defined as employees under 20 years of age in their first 90 days of employment with
a particular employer, agricultural employees, camp counselors, and golf caddies.
DWD has also promulgated rules providing allowances against the minimum wage
for employers that provide meals and lodging for their employees.
This bill is introduced as required by s. 227.19 (5) (e), stats., in support of the
objection of the Senate Committee on Labor, Small Business Development, and
Consumer Affairs on July 26, 2004, and the objection of the Joint Committee for
Review of Administrative Rules on September 23, 2004, to the issuance of
Clearinghouse Rule 04-036 by DWD. The proposed rule increased the minimum
hourly wages for employees generally, minor employees, opportunity employees, and
agricultural employees as follows: - See PDF for table PDF
The proposed rules increased minimum weekly wages for camp counselors as
follows: - See PDF for table PDF
The proposed rules increased minimum wages for golf caddies as follows: - See PDF for table PDF
Finally, the proposed rules increased the allowance against the minimum wage
that an employer who provides room and board for an employee may take as follows: - See PDF for table PDF
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB12, s. 1 1Section 1. 104.04 of the statutes is renumbered 104.04 (1) and amended to
SB12,6,143 104.04 (1) The Subject to sub. (2), the department shall investigate, ascertain,
4determine, and fix such reasonable classifications, and shall impose general or
5special orders, determining the living-wage, and shall carry out the purposes of ss.
6104.01 to 104.12. Such investigations, classifications, and orders shall be made as
7provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply
8to and be imposed for any violation of ss. 104.01 to 104.12. In determining the
9living-wage, the department may consider the effect that an increase in the
10living-wage might have on the economy of the state, including the effect of a
11living-wage increase on job creation, retention, and expansion, on the availability
12of entry-level jobs, and on regional economic conditions within the state. The
13department may not establish a different minimum wage for men and women. Said
14orders shall be subject to review in the manner provided in ch. 227.
SB12, s. 2 15Section 2. 104.04 (2) of the statutes is created to read:
SB12,7,216 104.04 (2) The department may not increase a minimum wage specified in s.
17DWD 272.03 (1) (a) or (b) or (1m) (a) or (b), 272.05 (1) (a) or (b), 272.07 (3) (a) 1., 2.,
18or 3. or (b) 1., 2., or 3., or 272.08, Wis. Adm. Code, or increase an allowance for board
19and lodging under s. DWD 272.03 (3) (a) 1. or 2. or (b) 1. or 2. or (3m) (a) 1. or 2. or

1(b) 1. or 2., or 272.05 (2) (a) or (b), Wis. Adm. Code, after the effective date of this
2subsection .... [revisor inserts date].
SB12,7,33 (End)