SB80,20,223
(a) Employ or permit to work as a traveling sales crew worker a person under
2418 years of age or employ or permit to work as a traveling sales crew worker a person
118 years of age or over who has been adjudged incompetent under ch. 54 without the
2permission of the person's guardian.
SB80,20,43
(b) Require a traveling sales crew worker to engage in any in-person sales or
4solicitation activities before 9 a.m. or after 9 p.m.
SB80,20,65
(c) Consider a traveling sales crew worker to be an independent contractor
6rather than an employee.
SB80,20,97
(d) Require a traveling sales crew worker to purchase any goods or services
8solely from the employer or to pay any of the employer's business expenses, except
9as permitted under sub. (6) (b).
SB80,20,1310
(e) Abandon a traveling sales crew worker who is unable to work due to illness
11or injury or who is discharged from employment for reasons other than misconduct
12without providing for the return of the traveling sales crew worker to his or her
13permanent place of residence.
SB80,20,1614
(f) Abandon a traveling sales crew worker who has been arrested and is being
15held in custody in connection with a violation of sub. (11) (a) 3. or a local ordinance
16regulating that conduct.
SB80,20,2017
(g) Require a traveling sales crew worker to relinquish custody of any of his or
18her personal property to the employer, to any employee, agent, or representative of
19the employer who supervises or transports traveling sales crew workers, or to any
20other traveling sales crew worker of the employer.
SB80,20,2221
(h) Prohibit or restrict a traveling sales crew worker from contacting any family
22member, friend, or other person while traveling with a traveling sales crew.
SB80,20,2523
(i) Intentionally inflict or threaten to inflict any bodily harm on a traveling
24sales crew worker or damage to the property of a traveling sales crew worker as a
25means of discipline or motivation.
SB80,21,3
1(j) Advise or counsel a traveling sales crew worker to make false
2representations to a person to whom he or she is offering goods or services concerning
3his or her motivation for selling those goods or services.
SB80,21,64
(k) Discharge or discriminate against any person for opposing a practice
5prohibited under this section. Section 111.322 (2m) applies to discharge and other
6discriminatory acts arising in connection with any proceeding under this section.
SB80,21,13
7(10) Child support; delinquent taxes. (a) 1. Except as provided in subd. 3.,
8the department shall require each applicant for a certificate of registration who is
9an individual to provide the department with the applicant's social security number,
10and shall require each applicant for a certificate of registration who is not an
11individual to provide the department with the applicant's federal employer
12identification number, when initially applying for or applying to renew the certificate
13of registration.
SB80,21,2014
2. If an applicant who is an individual fails to provide the applicant's social
15security number to the department or if an applicant who is not an individual fails
16to provide the applicant's federal employer identification number to the department,
17the department may not issue or renew a certificate of registration to or for the
18applicant unless the applicant is an individual who does not have a social security
19number and the applicant submits a statement made or subscribed under oath or
20affirmation as required under subd. 3.
SB80,22,221
3. If an applicant who is an individual does not have a social security number,
22the applicant shall submit a statement made or subscribed under oath or affirmation
23to the department that the applicant does not have a social security number. The
24form of the statement shall be prescribed by the department. A certificate of
1registration issued in reliance upon a false statement submitted under this
2subdivision is invalid.
SB80,22,83
4. The subunit of the department that obtains a social security number or a
4federal employer identification number under subd. 1. may not disclose the social
5security number or the federal employer identification number to any person except
6to the department of revenue for the sole purpose of requesting certifications under
7s. 73.0301 or on the request of the subunit of the department that administers the
8child and spousal support program under s. 49.22 (2m).
SB80,22,199
(b) The department shall deny, suspend, restrict, refuse to renew, or otherwise
10withhold a certificate of registration for failure of the applicant or registrant to pay
11court-ordered payments of child or family support, maintenance, birth expenses,
12medical expenses, or other expenses related to the support of a child or former spouse
13or for failure of the applicant or registrant to comply, after appropriate notice, with
14a subpoena or warrant issued by the department or a county child support agency
15under s. 59.53 (5) and related to paternity or child support proceedings, as provided
16in a memorandum of understanding entered into under s. 49.857. Notwithstanding
17s. 103.005 (10), an action taken under this paragraph is subject to review only as
18provided in the memorandum of understanding entered into under s. 49.857 and not
19as provided in ch. 227.
SB80,22,2520
(c) The department shall deny an application for the issuance or renewal of a
21certificate of registration, or revoke a certificate of registration already issued, if the
22department of revenue certifies under s. 73.0301 that the applicant or registrant is
23liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under
24this paragraph is subject to review only as provided under s. 73.0301 (5) and not as
25provided in ch. 227.
SB80,23,9
1(11) Traveling sales crew worker permits. (a) 1. No individual may be
2employed or permitted to work as a traveling sales crew worker unless the employer
3of the individual first obtains from the department a traveling sales crew worker
4permit for the individual as provided in this subdivision, and the individual first
5obtains from the department an identification card as provided in this subdivision.
6The traveling sales crew worker permit and identification card shall be in a form
7prescribed by the department, which form shall include at a minimum the name and
8permanent home address of the traveling sales crew worker and the name, address,
9and phone number of his or her employer.
SB80,23,1610
2. An employer of a traveling sales crew worker and all employees, agents, or
11representatives of that employer who supervise or transport traveling sales crew
12workers shall carry at all times while engaged in traveling sales crew activities a
13copy of the permit obtained under subd. 1. for each traveling sales crew worker of the
14employer and shall exhibit that copy upon the request of any deputy of the
15department, law enforcement officer, or person with whom the employer, employee,
16agent, or representative is doing business.
SB80,23,2117
3. A traveling sales crew worker shall carry at all times while engaged in
18traveling sales crew activities the identification card obtained under subd. 1. and
19shall exhibit that card upon the request of any deputy of the department, law
20enforcement officer, or person with whom the traveling sales crew worker is doing
21business.
SB80,23,2422
4. Failure to exhibit a copy of a permit upon request under subd. 2. or an
23identification card upon request under subd. 3. is prima facie evidence of a violation
24of this section.
SB80,23,2525
(b) A traveling sales crew employer shall do all of the following:
SB80,24,4
11. Keep a copy of the permit obtained under par. (a) 1. for each traveling sales
2crew worker of the employer for at least 3 years after the traveling sales crew worker
3leaves the employ of the employer and allow the department to inspect those permits
4upon request.
SB80,24,75
2. Keep a list of the names of all cities, villages, or towns where traveling sales
6crew workers of the employer engaged in traveling sales crew activities within the
7last 3 years and allow the department to inspect that list upon request.
SB80,24,108
3. At the request of the department, provide a list of all cities, villages, or towns
9where the employer intends to employ traveling sales crew workers in traveling sales
10crew activities for the 6-month period beginning on the date of the request.
SB80,24,1711
(c) Before an employer may permit a traveling sales crew worker of the
12employer to engage in traveling sales crew activities in any city, village, or town, the
13employer shall obtain from the clerk of the city, village, or town a stamp or
14endorsement on the permit obtained under par. (a) 1. of the traveling sales crew
15worker. When an employer obtains that stamp or endorsement, the employer shall
16provide notice that traveling sales crew workers of the employer will be engaging in
17traveling sales crew activities in that city, village, or town to the following:
SB80,24,1918
1. The local police department, if the city, village, or town has a police
19department.
SB80,24,2120
2. To the sheriff of the county where the city, village, or town is located, if the
21city, village, or town does not have a police department.
SB80,25,222
(d) Law enforcement officers of counties, cities, villages, and towns shall assist
23the department in enforcing this section by questioning individuals seen engaging
24in traveling sales crew activities and reporting to the department all cases of
1individuals apparently engaging in traveling sales crew activities in violation of this
2section.
SB80,25,13
3(12) Penalties; enforcement. (a) Any person that engages in traveling sales
4crew activities in violation of this section, any rule promulgated under sub. (13), or
5any order issued under this section, that employs or permits the employment of any
6individual as a traveling sales crew worker in violation of this section, any rule
7promulgated under sub. (13), or any order issued under this section, or that hinders
8or delays the department or any law enforcement officer in the performance of their
9duties under this section, may be required to forfeit not less than $25 nor more than
10$1,000 for each day of a first offense and, for a 2nd or subsequent offense within 5
11years, as measured from the dates the violations initially occurred, may be fined not
12less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense
13or imprisoned not more than 30 days or both.
SB80,25,1914
(b) In addition to the penalties under par. (a), any person that employs or
15permits the employment of any individual as a traveling sales crew worker in
16violation of sub. (2), (5) (b), (9) (b), or (11) (a) or (c) shall be liable, in addition to the
17wages paid, to pay to each individual affected, an amount equal to twice the regular
18rate of pay as liquidated damages for all hours worked in violation per day or per
19week, whichever is greater.
SB80,25,2220
(c) The department may refer violations of this section or of any rules
21promulgated under sub. (13) for prosecution by the department of justice or the
22district attorney of the county in which the violation occurred.
SB80,25,24
23(13) Rules. The department shall promulgate rules to implement this section.
24Those rules shall include all of the following:
SB80,26,2
1(a) A fee for obtaining a certificate of registration. The department shall
2determine the fee based on the cost of issuing certificates of registration.
SB80,26,33
(b) Minimum requirements for the issuance of a certificate of registration.
SB80,26,84
(c) Safety standards relating to the transportation of traveling sales crew
5workers, the storage, handling, and transportation of hazardous materials by
6traveling sales crews and any other exposure of a traveling sales crew worker to
7hazardous materials, and the training of traveling sales crews in the storage,
8handling, and transportation of hazardous materials.
SB80,26,109
(d) The amount of liability insurance that an employer of a traveling sales crew
10worker shall have in force under sub. (8).
SB80,26,14
11(14) Nonapplicability; nonpreemption. (a) This section does not apply to the
12employment of a person in a fund-raising sale for a nonprofit organization, as
13defined in s. 103.21 (2), a public school, as defined in s. 103.21 (5), or a private school,
14as defined in s. 103.21 (4).
SB80,26,1815
(b) This section does not preempt a county, city, village, or town from enacting
16a local ordinance regulating traveling sales crew activities. To the extent that a local
17ordinance regulates conduct that is regulated under this section, the local ordinance
18shall be at least as strict as the regulation of that conduct under this section.
SB80, s. 6
19Section
6. 111.322 (2m) (a) of the statutes is amended to read:
SB80,26,2320
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
21right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
103.34, 103.455, 103.50,
22104.12, 109.03, 109.07, 109.075
, or 146.997 or ss. 101.58 to 101.599 or 103.64 to
23103.82.
SB80, s. 7
24Section
7. 111.322 (2m) (b) of the statutes is amended to read:
SB80,27,4
1111.322
(2m) (b) The individual testifies or assists in any action or proceeding
2held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
3103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075
, or 146.997 or ss. 101.58 to
4101.599 or 103.64 to 103.82.
SB80,27,126
(1)
Rule making. The department of workforce development shall submit in
7proposed form the rules required under section 103.34 (13) of the statutes, as created
8by this act, to the legislative council staff under section 227.15 (1) of the statutes no
9later than the first day of the 6th month beginning after the effective date of this
10subsection. Notwithstanding section 227.137 (2) of the statutes, the secretary of
11administration may not require the department of workforce development to prepare
12an economic impact report for those rules.
SB80, s. 9
13Section
9.
Effective dates. This act takes effect on the first day of the 12th
14month beginning after publication, except as follows:
SB80,27,1615
(1)
Rule making. The treatment of
Section 8 (1) of this act takes effect on the
16day after publication.