LRBa2513/1
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2003 - 2004 LEGISLATURE
SENATE AMENDMENT 2,
TO 2003 SENATE BILL 508
March 10, 2004 - Offered by Senators Carpenter, Robson, Erpenbach, Wirch,
Hansen, Moore, M. Meyer, Coggs and Lassa.
SB508-SA2,1,6
54. Page 3, line 7: after "
services" insert "
, as defined in s. 103.027 (1) (b), that
6meet the requirements specified in s. 103.027 (2)".
SB508-SA2,1,8
8"
Section 4m. 103.027 of the statutes is created to read:
SB508-SA2,1,9
9103.027 Hours of labor; companionship services. (1) In this section:
SB508-SA2,1,1310
(a) "Care" means intimate personal care services provided to a person who,
11because of advanced age or physical or mental infirmity, cannot care for his or her
12own needs, such as feeding the person or assisting the person with bathing, dressing,
13grooming, or toileting.
SB508-SA2,2,8
1(b) "Companionship services" means services that provide fellowship and
2protection for a person who, because of advanced age or physical or mental infirmity,
3cannot care for his or her own needs. "Companionship services" does not include
4services relating to the care and protection of a person who, because of age or physical
5or mental infirmity, cannot care for his or her own needs that require and are
6performed by a trained individual, regardless of whether the trained individual is a
7registered nurse or a licensed practical nurse, such as catheter and ostomy care,
8injections, and tube feeding.
SB508-SA2,2,139
(c) "Household work" means household work that is directly related to the care
10of a person who, because of advanced age or physical or mental infirmity, cannot care
11for his or her own needs, such as preparing the person's meals, making the person's
12bed, washing the person's clothes, and other similar services that are directly related
13to the care of the person.
SB508-SA2,2,1614
(d) "Protection" means being present in the home of a person who, because of
15advanced age or physical or mental infirmity, cannot care for his or her own needs
16to ensure the safety and well-being of the person.
SB508-SA2,2,19
17(2) An employer is not required to pay overtime compensation, as defined in
18s. 103.025 (1) (c), to an individual engaged in providing companionship services if all
19of the following conditions are met:
SB508-SA2,2,2220
(a) Fellowship and protection are the sole core duties of the individual, and the
21individual spends not less that 80 percent of his or her total weekly hours worked
22exclusively providing fellowship and protection.
SB508-SA2,2,2423
(b) The individual spends no more than 20 percent of his or her total weekly
24hours worked providing care and household work.
SB508-SA2,3,11
1(3) The department shall promulgate rules requiring employers that employ
2individuals to provide companionship services to report information to the
3department as necessary for the department to enforce this section and may conduct
4periodic compliance audits of those employers. Those rules shall require an
5employer that hires an individual to provide any amount of companionship services
6to notify the department within 30 days after the individual is hired and shall require
7an employer that employs an individual to provide companionship services to keep
8a weekly time log that provides a detailed accounting of the individual's tasks as
9verified by the person for whom the companionship services are provided, the
10employer, and a 3rd party that may not be the individual that provides the
11companionship services but that may be a deputy of the department.".
