Amendment AA74-ASA1-SB55

SB55-ASA1-AA74, s. 2560mq Section 2560mq. 104.07 (1) of the statutes is amended to read:

SB55-ASA1-AA74,7,25 104.07 (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-ASA1-AA74, s. 2560mr Section 2560mr. 104.07 (2) of the statutes is amended to read:

SB55-ASA1-AA74,8,7 104.07 (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-ASA1-AA74, s. 2560ms Section 2560ms. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended to read:

SB55-ASA1-AA74,8,13 104.08 (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-ASA1-AA74, s. 2560mt Section 2560mt. 104.08 (1m) (b) of the statutes is created to read:

SB55-ASA1-AA74,8,17 104.08 (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-ASA1-AA74, s. 2560mu Section 2560mu. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and amended to read:

SB55-ASA1-AA74,8,21 104.08 (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-ASA1-AA74,9,2 (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-ASA1-AA74, s. 2560mv Section 2560mv. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and amended to read:

SB55-ASA1-AA74,9,6 104.08 (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-ASA1-AA74, s. 2560mw Section 2560mw. 104.08 (3) (a) of the statutes is created to read:

SB55-ASA1-AA74,9,9 104.08 (3) (a) The department shall investigate, determine, and declare what occupations and industries are included within a trade or a trade industry.

SB55-ASA1-AA74, s. 2560mx Section 2560mx. 104.10 of the statutes is amended to read:

SB55-ASA1-AA74,9,17 104.10 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-ASA1-AA74, s. 2560my Section 2560my. 104.11 of the statutes is amended to read:

SB55-ASA1-AA74,9,22 104.11 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-ASA1-AA74, s. 2560mz Section 2560mz. 104.12 of the statutes is amended to read:

SB55-ASA1-AA74,9,25 104.12 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-ASA1-AA74,10,6 3. Page 1018, line 11: after that line insert:

SB55-ASA1-AA74,10,7 " Section 3126m. 234.94 (5) of the statutes is amended to read:

SB55-ASA1-AA74,10,11 234.94 (5) "Primary employment" means work which pays at least the minimum wage as established under ch. 104 s. 104.035 (2) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time.

SB55-ASA1-AA74, s. 3126p Section 3126p. 234.94 (8) of the statutes is amended to read:

SB55-ASA1-AA74,10,18 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (2) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.".

SB55-ASA1-AA74,10,19 4. Page 1203, line 23: after that line insert:

SB55-ASA1-AA74,10,20 " Section 3823k. 800.09 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA74,11,10 800.09 (1) (b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments, and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.".

SB55-ASA1-AA74,11,11 5. Page 1204, line 16: after that line insert:

SB55-ASA1-AA74,11,12 " Section 3824q. 800.095 (4) (b) 3. of the statutes is amended to read:

SB55-ASA1-AA74,12,2 800.095 (4) (b) 3. That the defendant perform community service work for a public agency or a nonprofit charitable organization designated by the court, except that the court may not order the defendant to perform community service work unless the defendant agrees to perform community service work and, if the community service work is in lieu of restitution, unless the person to whom the restitution is owed agrees. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture, or restitution, or both, by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.".

SB55-ASA1-AA74,12,3 6. Page 1218, line 8: after that line insert:

SB55-ASA1-AA74,12,4 " Section 3862y. 895.035 (2m) (c) of the statutes is amended to read:

SB55-ASA1-AA74,12,21 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.".

SB55-ASA1-AA74,12,22 (End)